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FLORIDA DEPT. OF REVENUE v. LEON

Nos. 3D01-1876, 3D01-2795.

824 So.2d 197 (2002)

FLORIDA DEPARTMENT OF REVENUE, Appellant, v. Anahidia LEON, etc., et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing Denied September 13, 2002.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, and Eric J. Taylor, Assistant Attorney General, for appellant.

Zuckerman, Spaeder, Taylor & Evans, and Stephen J. Bronis, Miami; and G. Richard Strafer, Miami, for appellees.

Before FLETCHER, SHEVIN, and RAMIREZ, JJ.

Rehearing and Rehearing En Banc Denied September 13, 2002.

RAMIREZ, J.

The State of Florida, Department of Revenue, appeals a Final Summary Judgment in this class action against the Department, which orders it to refund all taxes paid by the appellees pursuant to section 212.0505, Florida Statutes (1987) because the statute was declared unconstitutional. We reverse this judgment because the appellees' lawsuit was untimely filed pursuant to section 215.26(2...

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