Opinion
No. 97-3330.
Opinion filed May 12, 1999.
Appeal and cross-appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Scott M. Kenney, Judge; L.T. Case No. 96-510-CA-17.
Harold G. Melville of Melville Sowerby, P.A., Fort Pierce, for appellant/cross-appellee.
Roger G. Orr, City Attorney, and Pam E. Booker, Assistant City Attorney, Port St. Lucie, for appellee/cross-appellant.
ON MOTION FOR REHEARING AND CLARIFICATION
The motion for rehearing and clarification is denied. That portion of the motion based on Gulesian v. Dade County School Board, 281 So.2d 325 (Fla. 1973), and its progeny was not previously raised in the trial court or in this appeal. This opinion does not rule on whether the City may recover any portion of the utility fees at issue by another method of collection.See Port St. Lucie Ordinance Number 92-23, § 5(E).
DELL, SHAHOOD and GROSS, JJ., concur.