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DEPT. OF REVENUE v. CATALINA MARKETING CORP. & SUBSID.

No. 2D08-914.

20 So.3d 1029 (2009)

DEPARTMENT OF REVENUE, Appellant, v. CATALINA MARKETING CORPORATION AND SUBSIDIARIES, Appellee.

District Court of Appeal of Florida, Second District.

November 20, 2009.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General, and Nicholas Bykowsky, Assistant Attorney General, Tallahassee, for Appellant.

Stacy D. Blank of Holland & Knight LLP, Tampa, for Appellees.

RAIDEN, MICHAEL E., Associate Judge.

The Florida Department of Revenue (hereafter "DOR") appeals a partial final summary judgment entered against it and on behalf of Appellee Catalina Marketing Corporation and Subsidiaries ("Catalina"). Because we conclude that the circuit court erred in determining that the applicable statute of limitations barred DOR from seeking to recoup a tax refund, we reverse and remand for further proceedings.

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