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ZAPO v. GILREATH

No. 5D00-1888.

779 So.2d 651 (2001)

Richard R. ZAPO and Marion R. Zapo, et al., Appellants, v. Morgan GILREATH, Volusia County Property Appraiser, Bernard J. Kane, Volusia County Tax Collector, and L.H. Fuchs, Executive Director, Florida Department of Revenue, Appellees.

District Court of Appeal of Florida, Fifth District.

March 16, 2001.

Attorney(s) appearing for the Case

Guyte P. McCord, III and Gary M. Ketchum of McCord, Bubsey, Ketchum & Donohue, L.L.P. of Tallahassee, for Appellants.

B. Jordan Stuart of Wood & Stuart, P.A., for Appellees, Morgan Gilreath and Bernard J. Kane.

Robert A. Butterworth, Attorney General, Tallahassee, and Mark T. Aliff, Assistant Attorney General, Tallahassee for Appellee, Florida Department of Revenue.

ORFINGER, R.B., J.

Appellants own mobile homes and the real property to which their mobile homes are affixed in Volusia County, Florida. Pursuant to section 193.075, Florida Statutes (1996), their mobile homes are subject to ad valorem taxation as real property. The same statute exempts mobile homes affixed to leased property from ad valorem taxes.

Appellants brought suit challenging the constitutionality...

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