USCARDIO VASCULAR, INC. v. FLA. DEPT. OF REVENUE

No. 1D07-3811.

993 So.2d 81 (2008)

USCARDIO VASCULAR, INCORPORATED, Appellant, v. FLORIDA DEPARTMENT OF REVENUE, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied October 29, 2008.


Attorney(s) appearing for the Case

J. Nels Bjorkquist of Broad and Cassel, Tallahassee, for Appellant.

Bill McCollum, Attorney General; Charles Catanzaro and John Mika, Assistant Attorneys General; and Bruce Hoffman, General Counsel, Tallahassee, for Appellee.


ROBERTS, J.

The appellant, USCardioVascular, Inc., appeals the trial court's final summary judgment for the appellee, the Department of Revenue (DOR). The appellant argues that DOR does not have the authority to assess taxes on the total amount it billed as base rent, as that amount encompassed more than just the total rent it charged to the physician groups. We agree and reverse.

FACTS

The facts of this case are not in dispute. The appellant develops...

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