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OYSTER POINTE RESORT v. NOLTE

Nos. 85-1290, 85-1291.

497 So.2d 1306 (1986)

OYSTER POINTE RESORT CONDOMINIUM ASSOCIATION, INC., a Florida Corporation Not for Profit; Oyster Pointe Associates, a Florida General Partnership; and Donald J. Pinson, Jr., for Himself and All Members of a Class Similarly Situated, Appellants, v. David C. NOLTE, As Property Appraiser for Indian River County, Florida; Gene E. Morris, Tax Collector for Indian River County, Florida; and Randy Miller, Executive Director of the Department of Revenue of the State of Florida, Appellees. OYSTER BAY II OWNERS' ASSOCIATION, INC., a Florida Corporation Not for Profit; Sebastian Resort Properties, Inc., a Florida Corporation; and Leonard Popow, for Himself and All Members of a Class Similarly Situated, Appellants, v. David C. NOLTE, As Property Appraiser for Indian River County, Florida; Gene E. Morris, Tax Collector for Indian River County, Florida; and Randy Miller, Executive Director of the Department of Revenue of the State of Florida, Appellees.

District Court of Appeal of Florida, Fourth District.

November 19, 1986.

Attorney(s) appearing for the Case

Michael O'Haire of Smith, O'Haire, Quinn & Garris, Vero Beach, for appellants.

Robert Jackson of Robert Jackson, P.A., Vero Beach, for appellee-Nolte.

Jim Smith, Atty. Gen., and J. Terrell Williams, Asst. Atty. Gen., Tallahassee, for appellee-Miller.

PER CURIAM.

Affirmed on the authority of Spanish River Resort Corporation v. Walker, 497 So.2d 1299, which is being issued simultaneously. We acknowledge that by our ruling we are expressly approving the constitutional validity of section 192.037(2), Florida Statutes (1985).

DOWNEY and ANSTEAD, JJ., concur.

GLICKSTEIN, J., concurs specially with opinion.

GLICKSTEIN, Judge, concurring specially.

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