# B.H. v. State

> Supreme Court of Florida · November 23, 1994 · 19 Fla. L. Weekly Supp. 610

URL: https://www.frixlaw.com/law-library/cases/7684255

## Case

- **Full name:** B.H., a child v. STATE of Florida
- **Court:** Supreme Court of Florida
- **Decided:** November 23, 1994
- **Citations:** 19 Fla. L. Weekly Supp. 610; 645 So. 2d 987; 46 A.L.R. 5th 877; 1994 Fla. LEXIS 1842
- **Precedential status:** Published
- **Opinion:** Concurrence by Medonald
- **Judges:** Grimes, Harding, Kogan, Medonald, Only, Overton, Shaw, Wells
- **Cited by:** 75 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7684255

## How later opinions describe it (automated extraction)

- holding that statutory revival is an appropriate remedy where the Legislature approves unconstitutional statutory language and simultaneously repeals its predecessor
- stating the statute challenged there involved a portion of an enactment that was merely voidable for violation of the nondelegation and vagueness doctrines

## Opinion text

MeDONALD, Senior Justice,
concurring in result only.
I fully concur in that part of the opinion that revives the prior juvenile escape statute in the event that section 39.061, Florida Statutes (Supp.1990), is unconstitutional. I disagree with that portion of the majority opinion that holds the aforementioned statute unconstitutional. I would approve the decision under review and thus concur in result only.
OVERTON, J., concurs.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7684255. Public record. Not legal advice.