STATE v. EFTHIMIADIS

No. 95-3463.

690 So.2d 1320 (1997)

STATE of Florida, Appellant, v. Andrew B. EFTHIMIADIS, Appellee.

District Court of Appeal of Florida, Fourth District.

Opinion Denying Rehearing and Granting Clarification April 16, 1997.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellant.

David A. Barrett and A. Dean Johnson of Barrett, Hoffman and Hall, P.A., Tallahassee, for appellee.


STEVENSON, Judge.

This is an appeal from an order of the trial court which granted a motion to dismiss and held a criminal statute unconstitutional. Because the statute was not unconstitutional as applied, the trial court erred in reaching the constitutional issue. We reverse.

Andrew Efthimiadis, the defendant below, captained the Vegas Express, a cruise ship flying a United States flag. A Florida corporation owned the vessel and in running it, employed approximately...

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