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BECKMAN COULTER, INC. v. MITCHELL

No. 1D06-0402.

944 So.2d 1252 (2006)

BECKMAN COULTER, INC., Appellant, v. James R. MITCHELL, Trustee of the Cardbeck Miami Trust and Department of Revenue, Appellees.

District Court of Appeal of Florida, First District.

December 29, 2006.

Attorney(s) appearing for the Case

Steven L. Brannock and Maegen P. Luka of Holland & Knight LLP, Tampa, and Jerome W. Hoffman and Mark E. Holcomb of Holland & Knight LLP, Tallahassee, for Appellant.

Charlie Crist, Attorney General, and J. Clifton Cox, Assistant Attorney General, Revenue Litigation Section, Tallahassee, for Appellees.

PER CURIAM.

AFFIRMED. See Dillard & Assocs. Consulting Eng'rs v. Fla. Dep't of Envtl. Prot., 893 So.2d 702 (Fla. 1st DCA 2005).

HAWKES and THOMAS, JJ., concur; WOLF, J., concurs with opinion.

WOLF, J., concurring.

The Administrative Law Judge (ALJ) was mistaken in stating that the challenge to the original tax assessment was not raised by the original petition. This issue, however, is irrelevant...

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