Legal Opinion
Sims v. Florida, Department of Highway Safety & Motor Vehicles
Court of Appeals for the Eleventh Circuit
Decided December 2, 1987No. 86-3055PublishedCited by 1 opinion
1Opinion of the Court
HATCHETT, Circuit Judge.
The State of Florida, and the Department of Highway Safety and Motor Vehicles, appeal from the district court’s declaration that Florida Statute § 320.02(9) is unconstitutional because it is preempted under the supremacy clause and violates the commerce clause of the United States Constitution. We affirm in part and remand.
FACTS
On April 30, 1985, Myra Holladay Sims imported from Europe an automobile popularly known as a “gray market” automobile.1 “Gray market” automobiles are imported automobiles which are not designed or manufactured to comply with United States…
2Cases cited16 opinions
- Warth v. SeldinSupreme Court of the United States · 1975
- Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
- Edelman v. JordanSupreme Court of the United States · 1974
- Allen v. WrightSupreme Court of the United States · 1984
- Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.Supreme Court of the United States · 1982
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3Cited by1 opinion
- Myra Holladay Sims v. State Of FloridaCourt of Appeals for the Eleventh Circuit · 1987