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GREEN v. SURF CLUB, INC.

No. 60-686.

136 So.2d 354 (1961)

Ray E. GREEN, Comptroller of the State of Florida, Appellant, v. SURF CLUB, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied January 30, 1962.

Attorney(s) appearing for the Case

Richard W. Ervin, Atty. Gen., and Joseph Nesbitt, Asst. Atty. Gen., for appellant.

Milton M. Ferrell and J.M. Flowers, Miami, for appellee.

Before PEARSON, TILLMAN, C.J., and CARROLL and BARKDULL, JJ.

PER CURIAM.

This appeal presents for review a final decree on a stipulated set of facts, enjoining the comptroller from collecting sales taxes from The Surf Club, a non-profit, social organization, upon finding that The Surf Club was not a "business" within the provisions of Ch. 212, Fla. Stat., F.S.A.

The first inquiry is whether or not The Surf Club is an organization "doing business" under the provisions of § 212.02 (9), Fla. Stat., F.S.A., which reads...

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