CAUSEWAY LUMBER COMPANY, INC., APPELLANT,
v.
ASSOCIATED FLORIDA CONTRACTORS, INC., ET AL., APPELLEES
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The dissenting opinion argues that the amendment to Section 212.17(3) was intended to allow refunds for sales tax paid on bad debts, and that Section 215.26 should be applicable, contrary to the majority's view that Section 212.17(3) is the exclusive remedy.
The dissenting opinion argues that Section 212.17(3) is not the exclusive remedy and that Section 215.26 is applicable for obtaining a refund of sales tax paid on bad debts.
The case involves the interpretation of Florida Statutes Section 212.17(3) concerning sales tax credits for bad debts and Section 215.26 concerning ge…
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
In the final judgment being appealed, the trial court denied the award of late charges against the corporate appellee (which did not appear) and the award of attorneys’ fees against both appellees. It appears that the reason for these denials may have been for the lengthy delays in the prosecution of this action. We can find no other basis for the denials in the record.
In our opinion all of the delays should not be attributed to appellant’s counsel. Accordingly, we reverse that portion of the final judgment denying the awards of late charges and attorneys’ fees, affirm the balance of the final judgment and remand to the trial court for the award of late charges and attorneys’ fees.
AFFIRMED IN PART; REVERSED IN PART and REMANDED.
GLICKSTEIN and HURLEY, JJ., concur. LETTS, C. J., dissents in part with opinion.
LETTS, Chief Judge,
dissenting in part:
I dissent.
Resort to the record reveals that the protracted delay in obtaining a final judgment in this case was principally attributable to the inattention of counsel. Indeed the trial judge had to write a letter demanding action. This inattentiveness we now reward with interest and late charges! I must protest this aspect of the majority opinion.
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