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FLORIDA DEPT. OF REVENUE v. HARDY

No. 96-2983.

697 So.2d 954 (1997)

FLORIDA DEPARTMENT OF REVENUE, et al., Appellants, v. Ray HARDY and Patricia Hardy, etc., Appellees.

District Court of Appeal of Florida, Fifth District.

August 1, 1997.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, and Eric Taylor, Assistant Attorney General, and Robert F. Milligan, Comptroller, and Josephine A. Schultz, Assistant General Counsel, Officer of the Comptroller, Tallahassee, for Appellants.

Christopher K. Kay and Michael J. Beaudine of Kay, Panzl & Latham, LLP, Orlando, and W. Gordon Dobie and Bruce L. Braun of Winston & Strawn, Chicago, IL, for Appellees.

PER CURIAM.

Appellants, the Florida Department of Revenue and various other agencies and officers of the State of Florida (collectively, "the state"), appeal a non-final order denying their motion to transfer venue. We reverse.

Appellees, the plaintiffs in this class action, sued the state seeking to have section 328.03(7), Florida Statutes (1995), declared unconstitutional. Appellees further seek a refund of fees...

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