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STATE, DEPT. OF HIGHWAY SAFETY v. SARNOFF

No. 1D00-1335.

776 So.2d 976 (2000)

STATE of Florida DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Appellants, v. Marc D. SARNOFF, Tom Hyde, Steven Register, Charles Stahman, Harry Brady & Melissa Richie, individually and on behalf of all others similarly situated, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied February 2, 2001.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General; Eric J. Taylor, Assistant Attorney General, Tallahassee, for Appellants.

Scott D. Makar, Alan S. Wachs and Catherine J. Tackett of Holland & Knight LLP, Jacksonville, for Appellees.

JOANOS, J.

The Department of Highway Safety and Motor Vehicles (Department) seeks review of the circuit court's non-final order granting class certification in a case seeking refund for moneys paid into the state treasury in which none of the named plaintiffs, appellees herein, complied with the provisions of the refund statute, section 215.26, Florida Statutes (1995). The issues presented for review are: (1) whether the "direct file" exception to the exhaustion of...

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