From Casetext: Smarter Legal Research

The City of Tamarac v. State

District Court of Appeal of Florida, Fourth District
Jun 3, 1998
711 So. 2d 638 (Fla. Dist. Ct. App. 1998)

Opinion

No. 97-0017

Opinion filed June 3, 1998 JANUARY TERM 1998

Appeal from the State of Florida, Department of Banking and Finance Division of Securities and Investor Protection; L.T. No. 1113-S-7/89.

Stephen T. Maher of Stephen T. Maher, P.A., Miami, for appellants.

Robert F. Milligan, Comptroller, State of Florida, and Deborah Guller, Chief Appellate Counsel, Fort Lauderdale, for Appellee-State of Florida Department of Banking and Finance Division of Securities and Investor Protection.


We affirm the hearing officer's order limiting Appellants' recovery against the Securities Guaranty Fund to $10,000 per claimant. Fla. Stat. § 517.141 (1989). Appellants filed multiple claims in excess of $10,000 for losses that arose out of the same transaction, conduct, or occurrence. We apply a 1992 amendment to section 517.141 retroactively to aid in clarifying the legislative intent that recovery on multiple claims against the fund which arise out of the same transaction, conduct, or occurrence, is limited to $10,000 per claimant. Fla. Stat. § 517.141(4)(Supp. 1992); see also In re: First Park Equities, Inc., Administrative Proceeding No. 823-S-1/88 (Fla. Dep't. Bank. Fin. May 3, 1988); In re Michelin Co., Administrative Proceeding No. 1471-S-3/91 (Fla. Dep't. Bank. Fin. October 9, 1991).

STONE, C.J., GUNTHER and SHAHOOD, JJ., concur.


Summaries of

The City of Tamarac v. State

District Court of Appeal of Florida, Fourth District
Jun 3, 1998
711 So. 2d 638 (Fla. Dist. Ct. App. 1998)
Case details for

The City of Tamarac v. State

Case Details

Full title:THE CITY OF TAMARAC, FLORIDA, THE CITY OF BEAUMONT, TEXAS, THE CITY OF…

Court:District Court of Appeal of Florida, Fourth District

Date published: Jun 3, 1998

Citations

711 So. 2d 638 (Fla. Dist. Ct. App. 1998)

Citing Cases

Spencer-Sturla Co. v. Memphis

In making classifications of persons or property for the application of statutes or ordinances enacted in the…

Smallwood v. Jeter

The state has the power to regulate the operation of motor vehicles upon the highways, and in doing this,…