Chancellor Media Whiteco v. State

Full title: Chancellor Media Whiteco Outdoor Corporation, Appellant, v. State of…

Court: District Court of Appeal of Florida, First District

Date published: Oct 9, 2001

Case No. 1D99-4725 (Fla. Dist. Ct. App. Oct. 9, 2001)

Opinion

Case No. 1D99-4725.

Opinion filed October 9, 2001.

An appeal from an order of the Department of Transportation.

Gerald S. Livingston and Aileen M. Reilly of Livingston Reilly, P.A., Orlando, for Appellant.

Pamela S. Leslie, Marianne A. Trussell and Vance W. Kidder of Florida Department of Transportation, Tallahassee, for Appellee.

ON MOTION FOR CLARIFICATION

ALLEN, C.J.

In our opinion in this case we certified conflict between our decision and the decision in Chancellor Media Whiteco Outdoor v. Department of Transportation, 26 Fla. L. Weekly D627 (Fla. 5th DCA March 2, 2001). Because the Fifth District opinion has since been withdrawn and that court has now issued an en banc decision consistent with our decision herein, see Chancellor Media Whiteco Outdoor v. Department of Transportation, 26 Fla. L. Weekly D1894 (Fla. 5th DCA July 30, 2001), we withdraw our certification of conflict.

PADOVANO, J. CONCURS; BENTON, J., CONCURS WITH WRITTEN OPINION.

BENTON, J., concurring.

While today's decision does not conflict with Chancellor Media Whiteco Outdoor v. Department of Transportation, 26 Fla. L. Weekly D1894 (Fla. 5th DCA July 30, 2001), it does conflict with Florida Department of Revenue v. Florida Municipal Power Agency, 789 So.2d 320, 323 (Fla. 2001) ("If the language of the statute is clear and unambiguous, courts enforce the law according to its terms. . . . "); State v. Bradford, 787 So.2d 811, 817 (Fla. 2001); Wolf v. County of Volusia, 703 So.2d 1033, 1034 (Fla. 1997), and other cases to like effect.