FLORIDA POWER CORP. v. LEWIS

No. 79-665.

381 So.2d 1193 (1980)

FLORIDA POWER CORPORATION, Petitioner, v. Gerald A. LEWIS, Comptroller, and Harry L. Coe, Jr., Executive Director, Department of Revenue, Respondents.

District Court of Appeal of Florida, Second District.

March 26, 1980.


Attorney(s) appearing for the Case

G. Kristin Delano and Thomas D. Graves of Harris, Barrett & Dew, St. Petersburg, for petitioner.

Jim Smith, Atty. Gen., and E. Wilson Crump, II, Asst. Atty. Gen., Tallahassee, for respondents.


OTT, Acting Chief Judge.

Petitioner claimed a refund of the state income taxes it paid for 1973. After administrative proceedings, the hearing officer recommended allowance of a portion of petitioner's claim and the scheduling of a further hearing to determine the precise amount of the refund. The Department rejected that recommendation and denied the entire claim on the ground that it would not tolerate such a bifurcated hearing. We disagree and vacate the order...

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