Legal Opinion
State, Department of Natural Resources v. Southeastern Fisheries Ass'n
District Court of Appeal of Florida
Decided June 18, 1982No. AB-53PublishedCited by 6 opinions
1Opinion of the Court
LARRY G. SMITH, Judge.
This case presents for our review a summary judgment entered by the trial court holding unconstitutional Section 370.1105, Florida Statutes (1980 Supp.), making it unlawful to fish for saltwater finfish with any trap, or to possess any fish trap other than traps specifically excepted from operation of the act. The trial court further held that if the act, or any portion thereof, is constitutional, it has no extraterritorial effect, but is enforceable only within the territorial waters of the State of Florida. We reverse.
The trial judge found the statute imper-missibly…
2Cases cited8 opinions
- Skiriotes v. FloridaSupreme Court of the United States · 1941
- United States v. LouisianaSupreme Court of the United States · 1960
- State v. HaganSupreme Court of Florida · 1980
- People v. WeerenCalifornia Supreme Court · 1980
- Miller v. McLaughlinSupreme Court of the United States · 1930
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- SE FISHERIES v. Dept. of Nat. ResourcesSupreme Court of Florida · 1984
- Louisville & Nashville R. Co. v. HickmanDistrict Court of Appeal of Florida · 1983
- State v. F/V BARANOFAlaska Supreme Court · 1984
- Livings v. DavisSupreme Court of Florida · 1985
- Livings v. DavisDistrict Court of Appeal of Florida · 1982
1 more not listed; retrieve them via the Exa API.