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BARNETT BANK v. STATE DEPT. OF REVENUE

No. 90-1551.

571 So.2d 527 (1990)

BARNETT BANK OF SOUTH FLORIDA, et al., Appellants, v. STATE of Florida, DEPARTMENT OF REVENUE, Appellee.

District Court of Appeal of Florida, Third District.

December 11, 1990.

Attorney(s) appearing for the Case

Akerman, Senterfitt & Eidson, and Russell B. Hale and Kathryn B. Nixon, Orlando, for appellants.

Robert A. Butterworth, Atty. Gen., and Lealand L. McCharen, Asst. Atty. Gen., and Donald L. Crosby, Asst. Atty. Gen., for appellee.

Before JORGENSON, LEVY and GODERICH, JJ.

LEVY, Judge.

Barnett Bank of South Florida, N.A., Sun Bank/Miami, N.A., and Southeast Bank, N.A., [hereafter "the Banks"], each filed separate petitions to the Florida Department of Revenue seeking a declaratory judgment that home equity loans secured by mortgages on real property are not subject to documentary stamp taxation under Section 201.08(1), Florida Statutes (1989). The Department of Revenue consolidated the Banks' petitions and issued a single

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