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HALE v. DEPARTMENT OF REVENUE

No. 1D00-4450.

808 So.2d 237 (2002)

Sam O. HALE, and his Wife, Emily Hale, Appellants, v. DEPARTMENT OF REVENUE, STATE OF FLORIDA, Appellee.

District Court of Appeal of Florida, First District.

January 18, 2002.

Attorney(s) appearing for the Case

H. Guy Green, Green Law Firm, Marianna, for Appellants.

Robert A. Butterworth, Attorney General, and John Mika, Assistant Attorney General, The Office of the Attorney General, Tallahassee, for Appellee.

POLSTON, J.

Appellants Sam O. Hale and Emily Hale brought this action against appellee Department of Revenue, State of Florida, seeking a declaratory judgment and injunctive relief that they are not subject to audit or sales taxes pursuant to Chapter 212, Florida Statutes. The trial court entered final summary judgment in favor of the Department, ruling that the rental income from apartments leased by the Hales was not entitled to an exemption from sales tax, and...

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