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DEPT. OF REV. v. SCHOOL BD. OF HILLSBOROUGH

No. 2D10-3882.

62 So.3d 686 (2011)

DEPARTMENT OF REVENUE, Appellant, v. The SCHOOL BOARD OF HILLSBOROUGH COUNTY, Appellee.

District Court of Appeal of Florida, Second District.

June 10, 2011.

Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, and Nicholas Bykowsky , Assistant Attorney General, Tallahassee; and Diane G. DeWolf , Deputy Solicitor General, Tallahassee (substituted as counsel of record), for Appellant.

Thomas M. Gonzalez and Christopher M. Bentley of Thompson, Sizemore, Gonzalez & Hearing, P.A., Tampa, for Appellee.

KHOUZAM, Judge.

The Florida Department of Revenue appeals a final judgment entered by the circuit court in favor of the Hillsborough County School Board following its successful motion for summary judgment. The Department also filed a motion for summary judgment, which was denied. Because summary judgment should have been granted in favor of the Department rather than the School Board as a matter of law, we reverse and remand for the circuit court to enter summary...

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