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FLORIDA DEPARTMENT OF REVENUE v. DeMARIA

No. Y-104.

321 So.2d 101 (1975)

FLORIDA DEPARTMENT OF REVENUE, an Agency of the State of Florida, Appellant, v. Joseph A. DeMARIA, Appellee.

District Court of Appeal of Florida, First District.

November 5, 1975.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., James D. Whisenand and Joseph C. Millichamp, III, Asst. Attys. Gen., for appellant.

Shalle Stephen Fine, Miami, for appellee.

PER CURIAM.

The Order of the learned trial judge is adopted as the opinion of this Court, viz:

"Decision of this case turns upon the answer to this question: `Does a deed by which a corporation transfers real estate to its sole stockholder, subject to an outstanding mortgage which the stockholder does not "assume," but which he pays, require a Florida documentary stamp tax?' "The answer is `No.' "This question was squarely presented...

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