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CRAPO v. CITY OF GAINESVILLE

No. 1D03-2030.

855 So.2d 203 (2003)

Ed A. CRAPO, as Property Appraiser of Alachua County, Florida, Von Fraser, as Tax Collector for Alachua County, Florida, and Jim Zingale, as Director of the Florida Department of Revenue, Petitioners, v. CITY OF GAINESVILLE, Florida, Respondent.

District Court of Appeal of Florida, First District.

September 18, 2003.

Attorney(s) appearing for the Case

Sherri L. Johnson and John C. Dent, Jr., of Dent & Associates, P.A., Sarasota, for petitioner Ed A. Crapo.

William E. Harlan, Jr., Gainesville, for petitioner Von Fraser.

Charlie Crist, Attorney General, and Nicholas Bykowsky, Assistant Attorney General, Tallahassee, for petitioner Jim Zingale.

Marion J. Radson, Elizabeth A. Waratuke, and Raymond O. Manasco, Jr., Gainesville, for respondent.

PER CURIAM.

Petitioners sought to dismiss the City of Gainesville's complaint below, asserting that it constituted a challenge to a tax assessment, but that the trial court lacked subject matter jurisdiction because the complaint had not been filed within the 60 day statute of nonclaim set forth in section 194.171(2), Florida Statutes (2001). The trial court declined to dismiss the complaint, finding that it was a challenge to the property appraiser's tax classification...

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