TINGLEY v. ALLEN

No. 80-1235.

397 So.2d 1166 (1981)

Captain Ralph C. TINGLEY, District Nine Supervisor of the Florida Marine Patrol, and State of Florida Department of Natural Resources, Appellants, v. David Lloyd ALLEN, Iris Morris Breece, John Delong, Reo U. Hill, David Earl Pigott, David Revell, and James Wideman, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 29, 1981.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Kent A. Zaiser and Susan Gamble, Asst. Attys. Gen., for appellants.

David Paul Horan and Mark H. Kelly, Key West, for appellees.

Before HENDRY, SCHWARTZ and FERGUSON, JJ.


HENDRY, Judge.

This appeal is taken from a declaratory judgment holding section 370.151(2), Florida Statutes (1979),1 unconstitutional. We have jurisdiction.2

Appellees, Florida residents engaged in the business of commercial shrimping for profit, filed a petition for declaratory judgment3 in circuit court, citing past arrests and fear of future prosecution under the statute...

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