Opinion

Board of County Commissioners v. Pate

  • 221 So. 2d 732
  • 1969 Fla. LEXIS 2393
Court
Supreme Court of Florida
Filed
Mar 19, 1969
Status
Published
On the bench
Adkins, Boyd, Carlton, Ervin, Thornal
Cited by
0 cases
Authority
More cited than 24.9%

The opinion

PER CURIAM.

We have for review by conflict certio-rari these consolidated cases arising from *733 the District Court of Appeal, Second District, and reported at 212 So.2d 811 and 212 So.2d 812 (1968). We find these decisions to he in conflict with Bruce v. Malloy, 150 Fla. 157 , 7 So.2d 123 (1942).

In the consolidated cases, the District Court construed F.S. § 372.31, F.S.A., and the phrase therein “net, traps or fishing devices,” as excluding boats, motors and related paraphernalia used directly and on the water in poaching operations. In MaF loy, our construction of an earlier version of this same statute (§ 24, Ch. 13644, Laws of Florida 1929), specifically allowed the forfeiture and disposal of boats and motors, and implicitly allowed forfeiture and disposal of related items used directly in poaching operations.

On the authority of our opinion in Bruce v. Malloy, supra, the consolidated decisions under review are quashed and the cause remanded to that court for further proceedings consistent herewith.

It is so ordered.

ERVIN, C. J., and THORNAL, CARLTON and ADKINS, JJ-, concur.

BOYD, J., dissents with opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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