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
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.
*300THOMAS, ROBERTS, THORNAL and ERVIN, JJ., concur.
CALDWELL, C. J., and DREW and ADAMS, JJ., dissent.
ON REHEARING
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.
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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Volusia Cnty. v. Daytona Beach Racing & Recreational Facilities Dist., 341 So. 2d 498 (Fla. 1976)…shed that decision in an opinion reported at 179 So. 2d 349 (1965). On remand, the plaintiffs prevailed and the judgment of the trial court was affirmed. Paul v. Daytona Beach Racing & Rec. Fac. Dist., 208 So. 2d 653 (Fla. 1st D.C.A.1968) cert. den. 224 So. 2d 299 (Fla.1969). Before the present litigation began, the City of Daytona Beach conveyed to Volusia County its interest in the land leased to the District. The people of Florida adopted a new Constitution effective January 1, 1969. The legislature enact…
Authorities Cited
- Paul v. Daytona Beach Racing & Recreational Facilities Dist., 208 So. 2d 653 (Fla. 1st DCA 1968)