State ex rel. Florida Department of Revenue v. Fleet Finance & Mortgage Co.

LEHAN, Judge.

The Florida Department of Revenue appeals from a summary judgment in this declaratory judgment suit. The judgment declared that the state’s interest in the assets of a defunct corporation is inferior to that of appellee, Fleet Finance & Mortgage Company, Inc., the assignee of a mortgage on those assets. We affirm.

The state claims its interest by reason of sales taxes collected by the corporation but not paid to the state before the time the mortgage was given to Fleet’s predecessor in interest. There was no showing that any of the sales tax receipts could be traced to funds…