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DEPARTMENT OF REV. OF FLA. v. YOUNG AMERICAN BLDRS.

No. AA-209.

330 So.2d 864 (1976)

DEPARTMENT OF REVENUE OF FLORIDA, an Agency of the State of Florida, and Robert Shevin, As Attorney General of the State of Florida, Appellants, v. YOUNG AMERICAN BUILDERS, a Florida Corporation, and A. Curtis Powers, As Clerk of the Circuit Court in and for Alachua County, Florida, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied May 18, 1976.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., and Zollie M. Maynard, Jr., Asst. Atty. Gen., for appellants.

Leonard E. Ireland, Jr., Clayton, Duncan, Johnston, Clayton, Quincey, Ireland & Felder, Gainesville, for appellee Young American Builders, a corporation. No appearance for appellee Powers.

SMITH, Judge.

By interlocutory appeal the Department of Revenue and Attorney General complain of the circuit court's order denying their motion to dismiss an action by Young American Builders, a corporation, for an injunction against the application to Builders of the Department's Rule 12A-4.13(22), which Builders alleges violates the due process clauses of the Florida and United States Constitutions. The Department and Attorney General assert that Builders has an...

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