Florida District Courts of Appeal, 1963

Green v. Riviera Country Club

Green v. Riviera Country Club
Florida District Courts of Appeal · Decided August 27, 1963 · Barkdull, Hendry, Pearson, Tillman
156 So. 2d 524 (Southern Reporter, Second Series)

Green v. Riviera Country Club

Opinion of the Court

PER CURIAM.

Affirmed on the authority of Green v. Surf Club, Inc., Fla.App.1961, 136 So.2d 354.

Dissenting Opinion

PEARSON, TILLMAN, Judge

(dissenting) .

I have reached a decision contrary to that reached by the majority because of the importance I would give to the fact that appel-lee takes eighty percent of the gratuities collected at its “Nineteenth Hole” and credits this money to a “Beverage Salaries Account.” The employees who work in the “Nineteenth Hole” are paid a “guaranteed weekly wage” from this account with the appellee either making up any deficiency or holding any overage for future deficiencies. It seems to me that this is a benefit to the appellee.

I would reverse for the entry of an amended decree holding that eighty percent of the gratuities collected at the “Nineteenth Hole” is subject to the sales tax.

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