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DEPT. OF REVENUE v. LINCOLN POINTE ASSOCIATES, LTD.

No. BS-151.

544 So.2d 291 (1989)

DEPARTMENT OF REVENUE and Gerald A. Lewis, Office of the Comptroller, Appellants, v. LINCOLN POINTE ASSOCIATES, LTD., Appellee.

District Court of Appeal of Florida, First District.

May 25, 1989.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., J.C. O'Steen, and Edwin A. Bayo, Asst. Attys. Gen., Dept. of Legal Affairs, Tallahassee, for appellants.

Paula McDonald Rhodes of Carlton, Fields, Ward, Emmanuel, Smith, Cutler & Kent, P.A., Tampa, for appellee.

OPINION ON MOTION FOR REHEARING

BOOTH, Judge.

On consideration of appellants' motion for rehearing, we withdraw the opinion originally issued and substitute the following in its place.

This cause is before us on appeal of a circuit court order prohibiting appellants Department of Revenue (the Department) and Gerald A. Lewis (the Comptroller) from assessing documentary stamp taxes in excess of those appellee Lincoln Point Associates, Ltd. (Lincoln...

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