JACKSONVILLE ELECTRIC AUTHORITY v. RICE

No. X-301.

319 So.2d 190 (1975)

The JACKSONVILLE ELECTRIC AUTHORITY, a Body Politic and Corporate, and the City of Jacksonville, a Municipal Corporation, Appellants, v. Fredrick L. RICE and Marian N. Rice, His Wife, Individually and As Taxpayers; and That Class of Persons Similarly Situated, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied October 22, 1975.


Attorney(s) appearing for the Case

Harry L. Shorstein, and Thomas E. Crowder, Jacksonville, for appellants.

Richard W. Kreidler, Rice & Kreidler, Jacksonville, for appellees.


RAWLS, Judge.

The sole question posed by this appeal is as follows: Is a fuel adjustment charge which was imposed prior to October 1, 1973, subject to municipal tax pursuant to Florida Statute 166.231(1)(b) (1974)? The trial judge granted a partial summary judgment holding that the City of Jacksonville could not place a municipal tax on any of its fuel adjustment charge, including that portion of the fuel adjustment charge which was levied by the City prior to October...

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