WEST FLAGLER ASSOC. v. DEPT. OF REV.

No. 93-1876.

633 So.2d 555 (1994)

WEST FLAGLER ASSOCIATES, LTD., Southwest Florida Enterprises, Inc., IHA, Inc., BHH, Inc., Hecht Investments, Ltd., and Hecht Investments, Inc., Appellants, v. DEPARTMENT OF REVENUE FOR the STATE OF FLORIDA, Appellee.

District Court of Appeal of Florida, Third District.

March 15, 1994.


Attorney(s) appearing for the Case

Rubin Baum Levin, Constant Friedman & Bilzin and Jacob J. Givner, Miami, for appellants.

Robert A. Butterworth, Atty. Gen. and Mark T. Aliff, Asst. Atty. Gen., Tallahassee, for appellee.

Before SCHWARTZ, C.J., and HUBBART and COPE, JJ.


COPE, Judge.

This is an appeal of a summary final judgment denying a refund for the payment of intangible personal property tax. We reverse.

The question before us is whether section 199.133, Florida Statutes (1989), applies to an unconditional guaranty which is secured by a mortgage on real property located in this state. We conclude that it does not.

The instant litigation involves two guaranties given in two separate lending transactions. On November...

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