KENDALL HOUSE APTS., INC. v. DEPARTMENT OF REVENUE

No. 39647.

245 So.2d 221 (1971)

KENDALL HOUSE APARTMENTS, INC., a Florida Corporation, Relator, v. The DEPARTMENT OF REVENUE, an Agency of the State of Florida, et al., Respondents.

Supreme Court of Florida.

Rehearing Denied March 29, 1971.


Attorney(s) appearing for the Case

Ralph H. Bearden, Jr., Miami, for relator.

Robert L. Shevin, Atty. Gen., and John N. Hogenmuller, Asst. Atty. Gen., for respondents.


BOYD, Justice.

This cause is before us on petition for writ of mandamus to obtain a refund of documentary tax paid on two parcels of land. We issued the alternative writ on April 30, 1970, and have heard argument of the parties.

On May 29, 1968, relator Kendall House Apartments, sold certain real property located in Dade County, Florida, and agreed with the grantee that it would pay any and all recording fees and stamp taxes involved in the transaction. The...

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