Sunday, November 17, 2013

State v. Egan case brief

State v. Egan case brief summary
287 So. 2D 1 (1973)


CASE SYNOPSIS
Appellant state sought review of a judgment from the County Court, Broward County (Florida), which granted appellee individual's motion to dismiss his indictment for nonfeasance under Fla. Stat. Ch. § 775.01, (1971).

CASE FACTS
Appellee individual was indicted for nonfeasance under Fla. Stat. Ch. § 775.01, (1971). After the trial court granted appellee's motion to dismiss, appellant state sought review.

DISCUSSION
  • On appeal, the court emphasized that the statute could not be used against public officials who exercised their powers of office in ways displeasing to certain segments of the public, unless such conduct directly conflicted with written laws prescribing the obligations of the offices which they held. 
  • The court quashed dismissal and remanded the cause because the court upheld the validity of §775.01. 
  • The court said that the common law was adopted by legislative act and was modified by subsequent legislation, and the court re-emphasized its proper application in such cases. 
  • The court added that where legislative intent as evidenced by statute was plain and unambiguous, there was no necessity for any construction or interpretation of the statute and that the courts needed only give effect to the plain meaning of the terms.
RULE
See Plain Meaning Rule.

CONCLUSION
The court quashed dismissal and remanded the cause because the court upheld the validity of §775.01. The court determined that the common law was adopted by legislative act and was modified by subsequent legislation, and the court re-emphasized its proper application.

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