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CAPE CAVE CORP. v. LOWE

No. 81-841.

411 So.2d 887 (1982)

CAPE CAVE CORPORATION, a Florida Corporation, Appellant, v. Oliver LOWE, Property Appraiser, Charlotte County; L. Victor Desguin, Tax Collector, Charlotte County; and Randy Miller, Executive Director, Florida Department of Revenue, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied March 11, 1982.

Attorney(s) appearing for the Case

Thomas R. Spencer, Jr. of Myers, Kaplan, Levinson, Kenin & Richards, Miami, for appellant.

John M. Hathaway, Punta Gorda, for appellee Oliver Lowe.

Jim Smith, Atty. Gen., and Joseph C. Mellichamp II, Asst. Atty. Gen., Tallahassee, for appellee Randy Miller.

BOARDMAN, Acting Chief Judge.

Plaintiff Cape Cave Corporation appeals an order dismissing the instant case for lack of jurisdiction. We reverse.

Appellant filed a complaint against appellees challenging its property tax assessment, alleging jurisdiction under Section 194.171, Florida Statutes (1979). Appellees moved to dismiss for failure of appellant to comply with the jurisdictional requirements of section 194.171(2), which requires that suit be filed within...

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