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SMITH v. WELTON

No. 96-3777.

710 So.2d 135 (1998)

Timothy "Pete" SMITH, Okaloosa County Property Appraiser, and State of Florida, Department of Revenue, Appellants, v. Donald D. WELTON and Ann Welton, his wife, Appellees.

District Court of Appeal of Florida, First District.

April 17, 1998.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, and Joseph C. Mellichamp, III, Senior Assistant Attorney General, Tallahassee, Attorneys for Appellant Department of Revenue.

John C. Dent and John Chapman of Cook & Dent, Sarasota, for Appellant Okaloosa County Property Appraiser.

Mark H. Welton of Mark Welton & Associates, P.A., Crestview, for Appellees.

BOOTH, Judge.

This cause is before us on appeal from summary judgment for Appellee, based on the trial court's holding that section 193.155(8)(a), Florida Statutes, is unconstitutional as contrary to Article VII, Section 4(c) of the Florida Constitution.1 The trial court reasoned that the constitution "clearly states that the assessment of just value `shall only change as provided herein,'" but section 193.155(8)(a) "allows for changes...

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