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DEPARTMENT OF REVENUE v. BICHIMER

No. UU-95.

390 So.2d 822 (1980)

DEPARTMENT OF REVENUE, Appellant, v. Raymond A. BICHIMER and Charles J. Bichimer, Jr., Appellees.

District Court of Appeal of Florida, First District.

December 4, 1980.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen. and Joseph C. Mellichamp, III, Asst. Atty. Gen., for appellant.

Robert S. Goldman, Tallahassee, for appellees.

LARRY G. SMITH, Judge.

The Department of Revenue appeals a summary final judgment voiding the Department's assessment of documentary stamp tax and surtax, under Sections 201.02(1) and 202.021(1), Florida Statutes (1977), on an assignment of lease received by appellees. The Department based its assessment upon its contention that the unpaid balance of certain unassumed mortgages on the leasehold property must be considered as part of the consideration paid for the...

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