Legal Opinion · Concurring in part, dissenting in part

Bondi v. Brito

District Court of Appeal of Florida

Decided March 13, 2015No. Nos. 2D12-3286, 2D12-4231, 2D12-3315, 2D12-3534Published

1Concurring in part, dissenting in part

DAVIS, CHARLES A., Senior Judge,

Concurring in part and dissenting in part.

Although I concur fully with the majority in granting the petition in case number 2D12-3286 regarding the attorney general, I otherwise respectfully dissent. My reading of the language of section 43.19 and the version of chapter 717 in effect at the time of the issuance of the orders to show cause in the circuit court provides a specific exception to the more general rule of authority granted to the CFO under chapter 717, and I would deny the petitions in case numbers 2D12-3315, 2D12-3534, and 2D12-4231 on that basis.

We…

2Cases cited6 opinions

  1. Hechtman v. Nations Title Ins. of New YorkSupreme Court of Florida · 2003
  2. Olmstead v. Federal Trade CommissionSupreme Court of Florida · 2010
  3. O'CONNOR v. ZaneDistrict Court of Appeal of Florida · 2012
  4. Atwater v. City of Cape CoralDistrict Court of Appeal of Florida · 2013
  5. Crescenzo v. AtwaterDistrict Court of Appeal of Florida · 2014

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