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DISCOUNT SLEEP OF OCALA v. CITY OF OCALA

Case No. 5D19-1899.

300 So.3d 316 (2020)

DISCOUNT SLEEP OF OCALA, LLC d/b/a Mattress Warehouse, Individually, and as a Representative of a Class of All Similarly Situated Others, and Dale W. Birch, Individually, etc., Appellants, v. CITY OF OCALA, Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied August 10, 2020.

Attorney(s) appearing for the Case

Derek A. Schroth , James A. Myers , and Sasha O. Garcia , of Bowen/Schroth, Eustis, for Appellants.

George Franjola , of Gilligan, Gooding, Franjola & Batsel, P.A., Ocala, and Patrick G. Gillgan , of Gillgan, Gooding, Batsel & Anderson, P.A., Ocala, for Appellee.

Discount Sleep of Ocala, LLC d/b/a Mattress Warehouse, and Dale W. Birch, individually and as representatives of a class of others similarly situated ("Appellants"), appeal a final judgment in favor of the City of Ocala ("the City"), determining that the City's fire service fee was a valid user fee, not an unlawful tax, and that Appellants...

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