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605 So. 2d 73

605 So.2d 73

17 Fla.L.WeeklySupp. 554

State v. Melahn

Supreme Court of Florida

Decided July 23, 1992

Supreme Court of Florida · decided 1992-07-23

Cited by 10 later decisions — most recently April 2007

10 state decisions

Relies on Gallagher v. Motors Ins. Corp.

Good law ✅— No negative treatment on recordhow we know

Decided 1992-07-23

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KOGAN, Justice.

¶1We have on appeal a judgment declaring Florida’s insurance premium tax scheme, sections 624.509, .512, .514, Florida Statutes, as it existed during the years 1980 through 1985, unconstitutional under the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution. The district court certified the cause to this Court as involving a question of great public importance requiring immediate resolution. We have jurisdiction, pursuant to article V, section 3(b)(5) of the Florida Constitution, and reverse based on our decision in Gallagher v. Motors Insurance Co., 605 So.2d 62 (Fla.1992).

¶2Accordingly, we reverse the judgment under review to the extent it finds Florida’s premium tax unconstitutional1 and remand for further proceedings consistent with our decision in Motors Insurance.

¶3It is so ordered.

BARKETT, C.J., and McDONALD, SHAW and GRIMES, JJ., concur.HARDING, J., dissents with an opinion, in which OVERTON, J., concurs.

¶4. Because of our resolution of this issue, we need not address the other issues raised on appeal,

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