BARNETT v. DEPARTMENT OF MANAGEMENT SERVS.

No. 1D05-1731.

931 So.2d 121 (2006)

Rick BARNETT, as Property Appraiser of Bay County, Florida, and Peggy Brannon, as the Tax Collector for Bay County, Florida, Appellants/Cross-Appellees, v. DEPARTMENT OF MANAGEMENT SERVICES, Appellee/Cross-Appellant.

District Court of Appeal of Florida, First District.

Opinion Denying Rehearing May 22, 2006.


Attorney(s) appearing for the Case

Larry E. Levy and Loren E. Levy of The Levy Law Firm, Tallahassee, for Appellant/Cross-Appellee, Rick Barnett.

Douglas L. Smith of Burke, Blue, Hutchinson & Walters, P.A., Panama City, for Appellant/Cross-Appellee, Peggy Brannon.

Robert C. Reid and Theresa Proctor of Bryant, Miller & Olive, P.A., Tallahassee, and Michael S. Davis of Bryant, Miller & Olive, P.A., Tampa, for Appellee/Cross-Appellant.


ERVIN, J.

The property appraiser, Rick Barnett, and tax collector, Peggy Brannon, of Bay County, Florida (collectively, property appraiser), appeal a final judgment deciding that the real property on which the Bay Correctional Facility (facility) is located was immune from ad valorem property taxes because the Department of Management Services (DMS), the lessee under a lease-purchase agreement (LPA), was the property's equitable owner. As a consequence, the court...

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