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McGEE v. MARTINEZ

No. 88-2136.

555 So.2d 914 (1990)

Walter T. McGEE, Appellant, v. Bob MARTINEZ, etc., Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied February 16, 1990.

Attorney(s) appearing for the Case

Lewis A. Hoffman, Dunedin, for appellant.

Robert A. Butterworth, Atty. Gen., and Walter M. Meginniss, Asst. Atty. Gen., for appellee.

ERVIN, Judge.

McGee appeals the trial court's order dismissing his complaint for a declaration adjudicating Section 856.04, Florida Statutes (1987),1 unconstitutional on the ground that the statute violates his constitutional right to equal protection under the law. The lower court ruled that no justiciable controversy existed to permit determination of the constitutionality of the statute, because...

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