The STATE of Florida, Publix Supermarkets, Citizens for a Sound Economy, Associated Industries of Florida, Florida Chamber of Commerce, Florida Institute of CPA's, Florida Medical Association, Florida Retail Federation, Florida United Business Association, National Federation of Independent Business, Association of Community Hospitals and Health System of Florida, Inc., City of Orlando, Dade County, Florida Association of Counties, Florida League of Cities, Florida Sheriffs Association, Tort Reform United Effort (True), Florida Farm Bureau Federation, Usher Land & Timber, Inc., M.A. Rigatoni, Inc., Rodney Schwab, Dietrich Brothers, Inc., a/k/a Flying "D" Ranch, and H. Fred Dietrich III, Appellants,
v.
FLORIDA CONSUMER ACTION NETWORK, Coalition for Family Safety, Inc., Florida League of Conservation Voters, Florida AFL-CIO, Association of Flight Attendants, AFL-CIO, Des Action USA, The Academy of Florida Trial Lawyers, Inc., Florida State Conference of NAACP Branches, Florida National Organization of Women, Inc., Children's Advocacy Foundation, Inc., Al J. Cone, and The Florida State Council of Senior Citizens, Inc., Appellees.
District Court of Appeal of Florida, First District.https://leagle.com/images/logo.png
October 9, 2002.
Rehearing Denied November 15, 2002.
Attorney(s) appearing for the Case
Thomas E. Warner, Solicitor General, Richard A. Hixon and T. Kent Wetherell, II, Deputy Solicitors General, Robert A. Butterworth, Attorney General, Louis F. Hubener, Assistant Attorney General, Tallahassee, for Appellant State of Florida.
Joseph W. Hatchett of Akermann, Senterfitt & Eidson, P.A., Tallahassee; Raymond Ehrlich, Holland & Knight, Jacksonville; and George N. Meros, Jr. of Gray, Harris & Robinson, P.A., Tallahassee, for Appellants Publix Supermarkets, Citizens for a Sound Economy, Associated Florida Chamber of Commerce, Florida Institute of CPA's, Florida Medical Association, Florida Retail Federation, Florida United Business Association, National Federation of Independent Business, Association of Community Hospitals and Health System of Florida, Inc., City of Orlando, Dade County, Florida Association of Counties, Florida League of Cities, Florida Sheriffs Association, and Tort Reform United Effort (TRUE).
Frank A. Shepherd, Miami; Deborah J. LaFetra, Pro Hac Vice, Pacific Legal Foundation, Sacramento, CA, for Appellants Florida Farm Bureau Federation, Usher Land & Timber, Inc., M.A. Rigatoni, Inc., Rodney Schwab, Dietrich Brothers, Inc., and H. Fred Dietrich III.
Wayne Hogan of Brown, Terrell, Hogan, Ellis, McClamma & Yegelwel, P.A., Jacksonville; William C. Gentry of W.C. Gentry, P.A., Jacksonville; Robert S. Peck, Pro Hac Vice Center for Constitutional Litigation, P.C., Washington, D.C.; Philip M. Burlington of Caruso, Burlington, Bohn & Compiani, P.A., West Palm Beach; Paul D. Jess, Academy of Florida Trial Lawyers, Tallahassee; Lake Lytal, Jr. of Lytal, Reiter, Clark, Fountain & Williams, West Palm Beach, Howard C. Coker of Coker, Myers, Schickel, Sorenson, et al., Jacksonville; Karen A. Gievers, Tallahassee; W. Dexter Douglass, Tallahassee; Dan B. Hendrickson, Tallahassee; and Joel S. Perwin, Miami, for Appellees.
District Court of Appeal of Florida, First District.
ERVIN, J.
The State of Florida and intervenors, Publix Supermarkets, et al., appeal the trial court's summary judgment declaring chapter 99-225, Laws of Florida, unconstitutional for covering more than a single subject. Appellants raise essentially two issues: (1) the trial court erred in exercising jurisdiction over this suit against the State of Florida under the Declaratory Judgment Act, and (2) the court erred in holding that chapter 99-225 violates the...
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