Department of Revenue v. Bichimer

LARRY G. SMITH, Judge.

The Department of Revenue appeals a summary final judgment voiding the Department’s assessment of documentary stamp tax and surtax, under Sections 201-02(1) and 202.021(1), Florida Statutes (1977), on an assignment of lease received by appellees. The Department based its assessment upon its contention that the unpaid balance of certain unassumed mortgages on the leasehold property must be considered as part of the consideration paid for the assignment, and should therefore be included in computing the amount of tax. The trial judge, relying on this court’s ruling in…