AMERICAN BANK v. CON'S CYCLE CENTER

No. 84-21.

466 So.2d 255 (1985)

The AMERICAN BANK OF MERRITT ISLAND, etc., Appellant, v. CON's CYCLE CENTER, INC., etc., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

February 7, 1985.


Attorney(s) appearing for the Case

John P. Ingle III of Spielvogel & Goldman, P.A., Merritt Island, for appellant.

Jim Smith, Atty. Gen., and Jeff Kielbasa, Asst. Atty. Gen., Tallahassee, for appellee State of Fla., Department of Revenue.

No appearance for other appellees.


FRANK D. UPCHURCH, Jr., Judge.

The American Bank of Merritt Island appeals from a final judgment in an interpleader action awarding priority status to the claim of the State of Florida, Department of Revenue.

The question presented is whether the Department's sales tax warrant is entitled to priority over the Bank's perfected security interest which was recorded prior to recordation of the tax warrant. We hold that it is not and reverse.

Sales taxes...

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