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DIRECTV, INC. v. STATE, DEPT. OF REVENUE

Nos. 1D13-5444, 1D14-0292.

218 So.3d 895 (2015)

DIRECTV, INC., n/k/a Directv, LLC, and Echostar Satellite, L.L.C., n/k/a Dish Network, L.L.C., Appellants, v. STATE of Florida, DEPARTMENT OF REVENUE, Marcus and Patricia Ogborn, on Behalf of Themselves and Others Similarly Situated, Jim Zingale, Acting in his Official Capacity as the Director of the Florida Department of Revenue, and Florida Cable Telecommunications Association, Appellees.

District Court of Appeal of Florida, First District.

June 11, 2015.

Attorney(s) appearing for the Case

Katherine E. Giddings and Kristen M. Fiore of Akerman LLP, Tallahassee; Peter O. Larsen , Timothy J. McDermott , and Aleksas A. Barauskas of Akerman LLP, Jacksonville; E. Joshua Rosenkranz and Jeremy N. Kudon of Orrick, Herrington & Sutcliffe LLC, New York, N.Y., pro hac vice; and Eric A. Shumsky of Orrick, Herrington & Sutcliffe LLC, Washington, D.C., pro hac vice, for Appellants.

Christine Davis Graves of Carlton Fields Jorden Burt, P.A., Tallahassee; John A. Hinman of Hinman & Carmichael, San Francisco, CA, pro hac vice, for Amicus Curiae National Association of Wine Retailers.

Joseph C. Mellichamp, III , and J. Clifton Cox , Assistant Attorneys General, Tallahassee, for Appellee State of Florida.

Amelia T. Rudolph , Eric S. Tresh , and Zachary T. Atkins of Sutherland Asbill & Brennan LLP, Atlanta, GA, pro hac vice; David Konuch , Tallahassee, for Appellee Florida Cable Telecommunications Association.

This appeal arises from a final summary judgment finding that section 202.12(1), Florida Statutes, which imposes a higher tax rate on satellite services than on cable services, is constitutional. The Appellants, Directv, Inc. and Echostar, L.L.C. ("the satellite companies"), contend that the...

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