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DEPT. OF REVENUE v. FLORIDA HOME BUILDERS ASSN

No. 89-2788.

564 So.2d 173 (1990)

DEPARTMENT OF REVENUE, Appellant, v. FLORIDA HOME BUILDERS ASSN., et al., Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied August 3, 1990.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Kevin J. O'Donnell, Asst. Atty. Gen., Tallahassee, for appellant.

Thomas M. Ervin, Jr. of Ervin, Varn, Jacobs, Odom & Ervin, Tallahassee, for appellees.

JOANOS, Judge.

The Department of Revenue has appealed a non-final order granting partial summary judgment in favor of appellees on their complaint to have Chapter 87-101, Laws of Florida, declared facially unconstitutional as impairing the obligation of contracts. We have jurisdiction, Rule 9.130(a)(3)(C)(iv), Florida Rules of Appellate Procedure, and affirm in part and reverse in part.

Section 212.059, Florida Statutes (1987), providing for levy of...

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