Curcie Bros. v. Caruthers

MORROW, R. O., Associate Judge.

This is a timely interlocutory appeal by the plaintiff below from an order dismissing his complaint for failure to state a cause of action.

The appellant is a corporation engaged in the road construction business. Its home office is in Broward County. In January 1964, appellant was performing work on a project in Sumter County and had some heavy machinery located there. This property was assessed by the appellee, Sumter County Tax Assessor. Appellant brought this suit in equity to have the assessment set aside as void, on the theory that the machinery had not…