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ORANGE COUNTY v. BELLSOUTH TELECOMMUNICATIONS, INC.

No. 5D01-1153.

812 So.2d 475 (2002)

ORANGE COUNTY, etc., et al., Appellant, v. BELLSOUTH TELECOMMUNICATIONS, INC., Appellee.

District Court of Appeal of Florida, Fifth District.

Certification Denied April 2, 2002.

Attorney(s) appearing for the Case

Usher L. Brown and Alfred Truesdell, of Brown Ward, Salzman & Weiss, P.A., Orlando, for Appellant, Martha Haynie.

C. Alan Lawson and Gary M. Glassman, of Orange County Attorney's Office, Orlando, for Appellant, Orange County.

John R. Hargrove and W. Kent Brown of Heinrich, Gordon, Hargrove Weihe & James, P.A., Fort Lauderdale, for Appellee.

HARRIS, J.

Orange County appeals the summary judgment entered in favor of BellSouth Telecommunications, Inc. (BellSouth) which held invalid certain tax assessments on the amount charged for "telecommunication service" (access fee) within the county. After an audit was conducted by the Florida Public Service Commission (Commission) of BellSouth's earnings, it was determined that BellSouth received excess profit during the audit period. Pursuant to its authority, the...

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