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STATE DEPT. OF MANAGEMENT SERVICES v. CASON

No. 1D04-4836.

909 So.2d 378 (2005)

STATE of Florida, DEPARTMENT OF MANAGEMENT SERVICES, Appellant, v. P. Dewitt CASON, Clerk of the Circuit Court in and for COLUMBIA COUNTY, Florida, Charlie W. Ottinger, a/k/a Charles W. Ottinger, Betty Ottinger, Gina Ottinger, a/k/a Gina O. Williamson and Valerie Ottinger, and The School Board of Columbia County, Florida, Appellees.

District Court of Appeal of Florida, First District.

August 4, 2005.

Attorney(s) appearing for the Case

S. Austin Peele of Darby, Peele, Bowdoin & Payne, Lake City; Benjamin K. Phipps of The Phipps Firm, Tallahassee; Anthony W. Garcia of the Department of Management Services, Tallahassee; and Christine A. Guard of the Department of Environmental Protection, Tallahassee, for Appellant.

George T. Reeves of Davis, Schnitker, Reeves & Browning, P.A., Madison, for Appellees Charlie W. Ottinger, Betty Ottinger, Gina Ottinger a/k/a Gina O. Williamson, and Valerie Ottinger.

Marlin M. Feagle of Feagle and Feagle, P.A., Lake City, for Appellee P. Dewitt Cason.

Leandra G. Johnson of Norris and Johnson, P.A., Lake City, for Appellee the School Board of Columbia County, Florida.

ERVIN, J.

The Florida Department of Management Services (Department or DMS) appeals the entry of final summary judgment entered against it on its suit to enjoin the issuance of a tax deed on certain real property allegedly owned by it and used for a governmental purpose. Without reaching the merits of whether the property was immune from taxation because of such status, the lower court entered summary judgment against the Department because no claim had been brought...

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