ELBERT MOORE, INC. v. GREEN

No. E-77.

156 So.2d 397 (1963)

ELBERT MOORE, INC., a Florida corporation, Appellant, v. Honorable Ray E. GREEN, as Comtroller of the State of Florida, and Richard W. Ervin, Attorney General, Appellees.

District Court of Appeal of Florida. First District.

Rehearing Denied October 14, 1963.


Attorney(s) appearing for the Case

Duncan & Lawson and J. Danforth Browne, of MacFarlane, Ferguson, Allison & Kelly, Tampa, for appellant.

Richard W. Ervin, Atty. Gen., Joseph C. Jacobs, and Gerald Mager, Asst. Attys. Gen., for appellees.


WIGGINTON, Judge.

Appellant filed its complaint pursuant to F.S. Chapter 87, F.S.A., seeking a judicial declaration that it is exempt from the payment of a sales tax on rental receipts received by it from a lease of its trucks to Lykes Bros., Inc., a Florida corporation. From an adverse decree plaintiff has appealed.

The controlling facts in the case are not in dispute. Appellant is a resident corporation of Florida engaged in the business of leasing to others...

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