Miami Tiresoles, Inc. v. State, Department of Revenue

District Court of Appeal of Florida

Miami Tiresoles, Inc. v. State, Department of Revenue

734 So. 2d 600, 1999 Fla. App. LEXIS 8640, 1999 WL 435151

CourtDistrict Court of Appeal of Florida

DecidedJune 30, 1999

DocketNo. 96-3213

StatusPublished

This text of 734 So. 2d 600 (Miami Tiresoles, Inc. v. State, Department of Revenue) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Miami Tiresoles, Inc. v. State, Department of Revenue, 734 So. 2d 600, 1999 Fla. App. LEXIS 8640, 1999 WL 435151 (Fla. Ct. App. 1999).

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Opinion

PER CURIAM.

Upon reviewing this court’s opinion in Miami Tiresoles, Inc. v. State, Department of Revenue, 695 So.2d 851 (Fla. 3d DCA 1997), the Supreme Court of Florida has remanded the case for further proceedings consistent with its opinion in Department of Revenue v. Nemeth, 24 Fla. L. Weekly S160, 733 So.2d 970 (Fla.1999). Miami Tiresoles, Inc. v. Department of Revenue, 24 Fla. L. Weekly S172, 732 So.2d 322 (Fla.1999). Pursuant to that directive, we withdraw our mandate issued on July 7,. 1997, and vacate our opinion. We adopt the Supreme Court’s opinion as our own, reverse the summary judgment under review, and remand the cause to the [601]*601trial court for further proceedings in accordance with the Supreme Court opinion.

Reversed and remanded with directions.

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PER CURIAM.

Upon reviewing this court’s opinion in Miami Tiresoles, Inc. v. State, Department of Revenue, 695 So.2d 851 (Fla. 3d DCA 1997), the Supreme Court of Florida has remanded the case for further proceedings consistent with its opinion in Department of Revenue v. Nemeth, 24 Fla. L. Weekly S160, 733 So.2d 970 (Fla.1999). Miami Tiresoles, Inc. v. Department of Revenue, 24 Fla. L. Weekly S172, 732 So.2d 322 (Fla.1999). Pursuant to that directive, we withdraw our mandate issued on July 7,. 1997, and vacate our opinion. We adopt the Supreme Court’s opinion as our own, reverse the summary judgment under review, and remand the cause to the [601]*601trial court for further proceedings in accordance with the Supreme Court opinion.

Reversed and remanded with directions.

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734 So. 2d 600, 1999 Fla. App. LEXIS 8640, 1999 WL 435151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miami-tiresoles-inc-v-state-department-of-revenue-fladistctapp-1999.

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