Atlantic Gulf v. Cty., Pt. St. Lucie

Full title: ATLANTIC GULF COMMUNITIES CORPORATION, a Delaware corporation…

Court: District Court of Appeal of Florida, Fourth District

Date published: May 12, 1999

No. 97-3330 (Fla. Dist. Ct. App. May. 12, 1999)

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

PER CURIAM.

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.

NOT FINAL UNTIL THE DISPOSITION OF ANY TIMELY FILED MOTION FOR REHEARING.