472 So. 2d 869 - Sabio v. Russell

How this case has been cited

Cited by 4 later decisions — most recently February 2005

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Jonathan Thiele, Miami, and Elizabeth Baker, South Miami, for appellant.

¶2No appearance for appellee.

¶3Sandy Karlan, Coral Gables, and Diane M. Seaberg, Miami, for the Florida Ass'n of Women Lawyers as amicus curiae.

¶4Before SCHWARTZ, C.J., and NESBITT and DANIEL S. PEARSON, JJ.

¶5PER CURIAM.

¶6Sabio appeals an order finding section 741.30, Florida Statutes (Supp. 1984) unconstitutional and dismissing her petition, made pursuant to that section, seeking protection from domestic violence. We vacate the order appealed from with directions.

¶7It is apparent from the record that Russell was never served with process and was not before the trial court. He is likewise not before this court. Consequently, any adjudication as to the unconstitutionality of the enactment at issue constitutes an advisory opinion which neither court is authorized to issue. Sarasota-Fruitville Drainage District v. Certain Lands,80 So.2d 335 (Fla. 1955); Ervin v. Taylor,66 So.2d 816 (Fla. 1953). Accordingly, the order under review is vacated with directions to reinstate the petition.

¶8Vacated with directions.