PAUL v. DAYTONA BEACH RACING REC. FACI. DIST

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Docket Number

No. 37519.

Attorney(S)

Paul Raymond and William M. Barr, of Raymond, Wilson, Karl Conway, Daytona Beach, for C.S. Paul, as Tax Collector, etc., and James Bailey, as Tax Assessor, etc. Charles W. Luther, Daytona Beach, for Fred O. Dickinson, Jr., as Comptroller, etc., and County of Volusia, etc. Thomas T. Cobb, of Black, Cobb, Cole, Crotty Sigerson, Daytona Beach, for respondents.

Judges

PER CURIAM.

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C.S. PAUL, AS TAX COLLECTOR FOR VOLUSIA COUNTY, ETC.; FRED O. DICKINSON, JR., THE COMPTROLLER OF THE STATE OF FLORIDA; JAMES BAILEY, AS TAX ASSESSOR FOR VOLUSIA COUNTY, ETC.; AND THE COUNTY OF VOLUSIA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, PETITIONERS, v. DAYTONA BEACH RACING AND RECREATIONAL FACILITIES DISTRICT, A BODY POLITIC AND CORPORATE UNDER THE LAWS OF THE STATE OF FLORIDA; AND THE CITY OF DAYTONA BEACH, A FLORIDA MUNICIPAL CORPORATION, RESPONDENTS.

PER CURIAM.

This cause having heretofore been submitted to the Court on Petition for Writ of Certiorari, jurisdictional briefs and portions of the record deemed necessary to reflect jurisdiction under Florida Appellate Rule 4.5, subd. c(6), 32 F.S.A., and it appearing to the Court that it is without jurisdiction, it is ordered that the Petition for Writ of Certiorari be and the same is hereby denied, Fla.App., 208 So.2d 653.

THOMAS, ROBERTS, THORNAL and ERVIN, JJ., concur.

CALDWELL, C.J., and DREW and ADAMS, JJ., dissent.

PER CURIAM.

ON REHEARING

PER CURIAM.

After oral argument on rehearing granted, we adhere to our order of September 24, 1968, denying the petition for writ of certiorari.

It is so ordered.

ERVIN, C.J., ROBERTS, DREW, CARLTON, ADKINS and BOYD, JJ., and MASON, Circuit Judge, concur.

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