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SARTORI v. DEPARTMENT OF REVENUE

No. 97-1385.

714 So.2d 1136 (1998)

James SARTORI d/b/a Willowbrook Farms, Appellant, v. DEPARTMENT OF REVENUE and Rod Northcutt, etc., Appellee.

District Court of Appeal of Florida, Fifth District.

July 17, 1998.

Attorney(s) appearing for the Case

Kenneth G. Oertel and M. Christopher Bryant of Oertel, Hoffman, Fernandez & Cole, P.A., Tallahassee, for Appellants.

Robert A. Butterworth, Attorney General, and Mark T. Aliff, Assistant Attorney General, Tallahassee, for Appellee.

ANTOON, Judge.

The issue in this appeal is whether the trial court erred in dismissing as untimely James Sartori's declaratory judgment action against the Department of Revenue (DOR) and the Brevard County tax collector (County). Sartori instituted suit requesting that the trial court enter an order directing DOR to refund ad valorem taxes which Sartori had paid on pollution control equipment located on his dairy farm. We reverse because Sartori filed the instant...

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