423 So. 2d 305 - State v. Eley’s Empirical Analysis

Citation profile

3 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The use of the conjunctive `and' in the last phrase of the quoted provision signifies two conditions precedent to such bills becoming laws: approval by the Governor and depositing with the Secretary of State within that time (ten days). Conversely, if either condition is not met within the stated period, the bills will not become laws. We are not persuaded that the depositing with the Secretary of State is `directory' only, which somehow waives the ten-day time period. Unless otherwise clear from the language employed, all constitutional provisions should be regarded as mandatory so as to preclude any discretion with the executive, legislative, or judicial branches of government as to whether to obey or disregard them. Following the clear and plain language of the provision and resorting to the ordinary and usual meaning of the words employed, we hold the bills must have been deposited with the Secretary of State, after their approval, and within the ten-day period. Not having been so deposited with the Secretary of State, the bill did not become law. Instead, it became the object of a pocket veto. To hold any other way would be an unwarranted judicial encroachment on constitutional revision, a matter which is reserved exclusively to the legislature and the people."”

   1 later decision quote this exact passage · from the majority
   e.g. 575 So. 2d 43 - Ex Parte Coker

2. “the opinion of the Court of Criminal Appeals, 423 So.2d 303 , insofar as it [held] that Sundays [were] not excluded from the ten-day period allowed a Governor under § 125,”

   1 later decision quote this exact passage · from the majority
   e.g. 575 So. 2d 43 - Ex Parte Coker

3. “[i]n dissenting, I should not be understood as saying that the opinion [of the Court of Criminal Appeals in Eley ] is incorrect in this regard,”

   1 later decision quote this exact passage · from the majority
   e.g. 575 So. 2d 43 - Ex Parte Coker