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DICKINSON v. DAVIS

Nos. 37068, 37069.

224 So.2d 262 (1969)

Fred O. DICKINSON, Jr., As Comptroller of the State of Florida, Robert Overstreet, As Tax Collector for Dade County, Florida, Arvida Corporation, a Florida Corporation, and E.B. Leatherman, As Clerk of the Circuit Court in and for Dade County, Florida, Appellants, v. Thornton DAVIS et al., Appellees. ARVIDA CORPORATION et al., Appellants, v. Thornton DAVIS et al., Appellees.

Supreme Court of Florida.

Rehearing Denied May 20, 1969.

Attorney(s) appearing for the Case

Earl Faircloth, Atty. Gen., and Larry Levy, Asst. Atty. Gen., for Fred O. Dickinson, Jr., as Comptroller of the State of Florida.

Thomas C. Britton, County Atty., and Stuart Simon, Asst. County Atty., for Robert Overstreet, Tax Collector and E.B. Leatherman, Clerk of the Circuit Court. Woodrow M. Melvin, Jr., of Mershon, Sawyer, Johnston, Dunwody & Cole, Miami, for Arvida Corp.

Shutts & Bowen, Miami, for appellees.

ADKINS, Justice.

This is a direct appeal taken from a final judgment of the Circuit Court declaring Ch. 63-355 (Fla.Stats. § 193.221, F.S.A.) to be unconstitutional for the reasons stated in Cassady v. Consolidated Naval Stores Company (Fla. 1960), 119 So.2d 35. This statute relates to the assessment of mineral interests.

The appellant Arvida Corporation returned the mineral...

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