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BROWARD COUNTY v. OBERMAYR

No. 80-822.

397 So.2d 1175 (1981)

BROWARD COUNTY, Appellant/Cross-Appellee, v. R.W. OBERMAYR, D.D.S., P.A., Individually and On Behalf of All Others Similarly Situated, and Lester Bauer, in His Capacity As Tax Collector, Appellees/Cross-Appellants.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 26, 1981.

Attorney(s) appearing for the Case

Harry A. Stewart, Gen. Counsel, and John Franklin Wade, Asst. Gen. Counsel, for Broward County, Fort Lauderdale, for appellant/cross-appellee.

Donald A. Wich, Jr., of Sullivan, Ranaghan, Bailey & Gleason, P.A., Fort Lauderdale, for appellees/cross-appellants, Obermayr.

BERANEK, Judge.

This is an appeal by defendant, Broward County, from a final judgment rendered in the Circuit Court of Broward County finding a certain county tax to be unconstitutional. The invalidated tax was an occupational license tax levied against professional associations. Plaintiff, a dentist, operating as a professional association (P.A.) pursuant to Florida Statutes, Chapter 621, filed a class action seeking declaratory relief. Plaintiff asserted that the...

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