STATE EX REL. DEVLIN v. DICKINSON

No. V-478.

305 So.2d 848 (1974)

STATE ex rel. Hugh DEVLIN and Mary Devlin, His Wife, et al., Appellants, v. Honorable Fred O. DICKINSON, Jr., Etc., et al., Appellees.

District Court of Appeal of Florida, First District.

As amended on Rehearing January 28, 1975.


Attorney(s) appearing for the Case

Albert G. Caruana, Snyder, Young, Stern & Tannenbaum, North Miami Beach, for appellants.

Robert L. Shevin, Atty. Gen., Stephen E. Mitchell, Asst. Atty. Gen., Larry Levy, and John W. Chalkley, III, Tallahassee, for appellees.


JOHNSON, Judge.

Appellants herein, acting in their own behalf and on behalf of others similarly situated, filed a petition for alternative writ of mandamus and declaratory judgment suit seeking a documentary tax refund. Appellees filed motions to dismiss, to quash and to strike contending that appellants had failed to exhaust their administrative remedies and that appellants had failed to factually allege a proper class action. The trial court, after considering memoranda...

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