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CAUSEWAY LUMBER CO., INC. v. LEWIS

No. 79-522.

410 So.2d 511 (1981)

CAUSEWAY LUMBER COMPANY, INC., Appellant, v. Gerald LEWIS, As Comptroller, and Department of Revenue, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 29, 1982.

Attorney(s) appearing for the Case

Paul R. Regensdorf of Fleming, O'Bryan & Fleming, Fort Lauderdale, and Richard W. Roe, Chattaroy, Wash., for appellant.

Jim Smith, Atty. Gen. and Linda C. Procta, Asst. Atty. Gen., Tallahassee, for appellees.

HURLEY, Judge.

Causeway Lumber Company appeals from an order of the Comptroller of the State of Florida determining that Section 212.17(3), Florida Statutes (1977), precludes Causeway from obtaining a refund for certain taxes paid in 1975 and 1976. We affirm.

Section 212.17(3), Florida Statutes, (1977) provides:

A dealer who has paid the tax imposed by this chapter on tangible personal property may take credit in any return filed under the provisions...

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