N.Y. STATE DEPT. OF TAX. AND FIN. v. KLEIN

No. 4D02-1463.

852 So.2d 866 (2003)

NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, Appellant, v. Robert KLEIN, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 10, 2003.


Attorney(s) appearing for the Case

Mark W. Rickard of Jacobson, Sobo & Moselle, Plantation, for appellant.

John T. Mulhall III of Rutherford, Mulhall & Wargo, P.A., Boca Raton, for appellee.


HAZOURI, J.

Appellant, New York State Department of Taxation and Finance, appeals from the trial court's order granting appellee, Robert Klein's, motion for judgment on the pleadings and the subsequent judgment dismissing appellant's cause with prejudice. We reverse and remand for further proceedings.

On August 31, 2001, appellant filed a complaint, pursuant to section 72.041(2), Florida Statutes (2001), to enforce six foreign tax warrants issued against appellee...

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