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Crapo v. Academy for Five Element Acupuncture, Inc.

Florida Court of Appeals, First District

September 3, 2019

Edward A. Crapo, in his capacity as Alachua County Property Appraiser, Appellant/Cross-Appellee,
v.
Academy for Five Element Acupuncture, Inc., a Florida Non-Profit Corporation, Appellee/Cross-Appellant.

          On appeal from the Circuit Court for Alachua County. Toby S. Monaco, Judge.

          John C. Dent, Jr., and Jennifer A. McClain of Dent & McClain, Chartered, Sarasota, for Appellant/Cross-Appellee.

          Paul A. Donnelly and Jung Yoon of Donnelly Gross, Gainesville, for Appellee/Cross-Appellant.

          Matthew H. Mears, General Counsel, and James L. Richmond, Assistant General Counsel, Tallahassee, for Amicus Curiae The Department of Education, Commission for Independent Education.

          Ashley Moody, Attorney General, and Timothy E. Dennis, Chief Assistant Attorney General, Tallahassee, for Amicus Curiae State of Florida, Department of Revenue.

          Benjamin K. Phipps of Phipps & Howell, Tallahassee; Michael D. Minton of Dean Mead Minton & Zwemer, Fort Pierce; Gerald J. Donnini of Moffa, Sutton & Donnini, P.A., Fort Lauderdale; and Mitchell I. Horowitz of Buchanan Ingersoll & Rooney PC, Tampa, for Amicus Curiae The Tax Section of the Florida Bar.

          Loren E. Levy and Stuart W. Smith of The Levy Law Firm, Tallahassee, for Amicus Curiae The Property Appraisers' Association of Florida, Inc.

         En Banc

          ON MOTION FOR CERTIFICATION

         Appellee's motion for certification is denied.

          Wolf, Lewis, Roberts, Bilbrey, Kelsey, Winokur, and MK Thomas, JJ, concur

          Ray, C.J., and B.L. Thomas, Rowe, Makar, Osterhaus, and Jay, JJ., concur in part and dissent in part.

          Makar, J., dissenting from denial of certification.

         Discretionary jurisdiction exists for our supreme court to review this case because it expressly affects a class of constitutional officers, i.e., property appraisers. Art. V, § 3(b)(3), Fla. Const.; Bystrom v. Whitman, 488 So.2d 520, 521 (Fla. 1986); see also Delta Prop. Mgmt. v. Profile Invs., Inc., 87 So.3d 765, 767 (Fla. 2012). Certifying the following questions, [*] however, would provide greater clarity and assist in assessing review:

1) Is a post-secondary school or educational institution such as the Academy certified and regulated by the Florida Department of Education Commission for Independent Education and thereby an educational institution within ...

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