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GILREATH v. WESTGATE DAYTONA, LTD.

No. 5D02-3699.

871 So.2d 961 (2004)

Morgan GILREATH, Jr., etc., Appellant, v. WESTGATE DAYTONA, LTD., etc., Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied May 4, 2004.

Attorney(s) appearing for the Case

Gaylord A. Wood, Jr. and B. Jordan Stuart of Wood & Stuart, P.A., New Smyrna Beach and Mark T. Aliff, Assistant Attorney General, Department of Legal Affairs, Tallahassee, for Appellant.

Michael Marder and Victor Kline of Greenspoon, Marder, Hirschfeld, Rafkin, Ross & Berger, P.A., Orlando, for Appellee.

SAWAYA, C.J.

Morgan Gilreath, Jr., as Volusia County Property Appraiser, appeals the judgment rendered by the trial court that quashed Gilreath's 1998 and 1999 ad valorem tax assessments of certain condominium units owned by Westgate Daytona, Ltd. The judgment declared that these condominium units, which were situated in the Harbour Beach Resort, were improperly assessed by Gilreath as timeshare property.

The issue we must resolve is whether the county, pursuant...

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