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ORANGE COUNTY v. DEPT. OF REVENUE

No. 92-102.

605 So.2d 1333 (1992)

ORANGE COUNTY FLORIDA, Battaglia Fruit Co., Inc., and Battaglia Properties, Ltd., Appellants, v. FLORIDA DEPARTMENT OF REVENUE, Appellee.

District Court of Appeal of Florida, Fifth District.

October 16, 1992.

Attorney(s) appearing for the Case

Scott E. Wilt of Maguire, Voorhis & Wells, P.A., Orlando, for appellants.

Robert A. Butterworth, Atty. Gen., Joseph C. Mellichamp, III, Sr. Asst. Atty. Gen., and Jeffrey M. Dikman, Asst. Atty. Gen., Tallahassee, for appellee.

DIAMANTIS, Judge.

Appellants Orange County, Florida, Battaglia Fruit Co., Inc. and Battaglia Properties, Ltd. appeal the final summary judgment upholding the assessment of documentary stamp taxes imposed by appellee Florida Department of Revenue. We reverse.

On December 27, 1988 Battaglia Fruit Co., Inc. (BFC) and Battaglia Properties, Ltd. (BPL) each entered into an agreement with Orange County, Florida to sell parcels of real property to Orange County under...

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