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BLUDWORTH v. ARCURI

No. 80-1607.

416 So.2d 882 (1982)

David BLUDWORTH, As State Attorney, Fifteenth Judicial Circuit, Palm Beach County, Florida, Appellant, v. Jack ARCURI d/b/a A & B Auto Parts, Inc., Appellee.

District Court of Appeal of Florida, Fourth District.

July 14, 1982.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Russell S. Bohn, Asst. Atty. Gen., West Palm Beach, for appellant.

Joel M. Weissman of Law Offices of Ronald Sales, P.A., and Jerry Oxner of Oxner, Brown & Pickett, West Palm Beach, for appellee.

GLICKSTEIN, Judge.

In an action brought by appellee for declaratory judgment the trial court held that section 812.055, Florida Statutes (Supp. 1978),1 was unconstitutional in that it violated the fourth amendment of the United States Constitution2 and article I, section 12 of the Florida Constitution.3 We reverse.

The parties stipulated in the trial court that appellee...

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