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DEPARTMENT OF REVENUE v. NICKS

No. 2D01-2813.

815 So.2d 779 (2002)

DEPARTMENT OF REVENUE, Appellant, v. Katherine D. NICKS and William C. Nicks, Appellees.

District Court of Appeal of Florida, Second District.

May 10, 2002.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, and Louis F. Hubener, Assistant Attorney General, Tallahassee, for Appellant.

R. Michael Robinson, St. Petersburg, for Appellee Katherine D. Nicks.

No appearance for Appellee William C. Nicks.

COVINGTON, Judge.

The Department of Revenue (DOR) is appealing the trial court's order granting summary judgment in favor of Katherine Nicks and awarding her prejudgment interest. Ms. Nicks filed a motion for summary judgment based on an unanswered request for admissions previously sent to the DOR. However, neither the request for admissions nor the motion for summary judgment establishes Ms. Nicks' legal entitlement to any surplus funds collected by the DOR. Therefore...

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