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DEPT. OF REVENUE v. NORTH PORT BANK

No. EE-332.

354 So.2d 463 (1978)

DEPARTMENT OF REVENUE and Gerald Lewis, As Comptroller of the State of Florida, Appellants, v. NORTH PORT BANK, a Florida Banking Corporation, Appellee, and Port Charlotte Bank & Trust Company, Amicus Curiae.

District Court of Appeal of Florida, First District.

January 31, 1978.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., and Harold F.X. Purnell, Asst. Atty. Gen., for appellants.

John C. Patterson of Livingston & Patterson, Sarasota, for appellee.

Robert G. Jacobson of Farr, Farr, Haymans, Moseley & Odom, Punta Gorda, for amicus curiae.

McCORD, Chief Judge.

This appeal is from a summary final judgment ruling that appellee is not liable for certain documentary stamp taxes assessed by appellant on a promissory note. We affirm.

Appellee loaned certain parties the principal sum of $11,700 and took a promissory note which recited in pertinent part as follows:

"For value received, the undersigned (and if more than one, each of them jointly and severally) promise to pay to the order of...

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