Legal Opinion

City of Miami v. Haigley, Etc.

District Court of Appeal of Florida

Decided July 23, 2014No. 3D13-1382PublishedCited by 2 opinions

1Opinion of the CourtRothenberg, J.

The City of Miami (“City”) appeals the trial court’s final summary judgment, which struck down a provision in section 2-234 of the City of Miami Code that requires non-residents of the City to pay $100 more than residents of the City who use the City’s emergency medical transportation services (“non-resident surcharge.”). 1 The trial court struck the nonresident surcharge, finding in part that it is an unauthorized tax, not a user fee, and that even if the higher fee charged nonresidents for the use of the City’s emergency medical transportation services constitutes a user fee, it must be…

2Cases cited35 opinions

  1. Dunn v. BlumsteinSupreme Court of the United States · 1972
  2. National Federation of Independent Business v. SebeliusSupreme Court of the United States · 2012
  3. Volusia County v. Aberdeen at Ormond BeachSupreme Court of Florida · 2000
  4. Baldwin v. Fish and Game Comm'n of Mont.Supreme Court of the United States · 1978
  5. Attorney General of New York v. Soto-LopezSupreme Court of the United States · 1986

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3Cited by2 opinions

  1. Progressive American Insurance Co. v. Eduardo J. Garrido D.C. P.A., Etc.District Court of Appeal of Florida · 2017
  2. D'agostino v. Ccp PonceDistrict Court of Appeal of Florida · 2019

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