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RAINEY v. STATE, DEPT. OF REVENUE

No. FF-73.

353 So.2d 207 (1977)

R. Bartow RAINEY, Velma C. Rainey, J. Howard Nichols and Barbara Ann Nichols, Petitioners, v. STATE of Florida, DEPARTMENT OF REVENUE, Respondent.

District Court of Appeal of Florida, First District.

December 27, 1977.

Attorney(s) appearing for the Case

Edgar M. Moore of Smith & Moore, Tallahassee, for petitioners.

Robert L. Shevin, Atty. Gen., Edwin J. Stacker, Asst. Atty. Gen., John D. Moriarty, Tallahassee, for respondent.

RAWLS, Judge.

Petitioners seek review of an order of the Department of Revenue assessing $2,700 as delinquent documentary stamp taxes on an instrument entitled "Amendment to Note and Mortgage" plus a penalty in like sum for a total amount of $5,400.

In November of 1973 petitioners executed a promissory note in favor of Commonwealth Corporation in the sum of $1,800,000 secured by a mortgage on real property located in Leon County, Florida. The note provided...

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