EUROFUND FORTY-SIX, LTD., AND EUROFUND, ETC., APPELLANTS,
v.
EDWARD J. TERRY AND WILLIAM J. BENSON, ETC., APPELLEE
PER CURIAM.
The appellant seeks a determination that tax deeds issued to appellees are invalid because appellant did not receive notice of the impending tax sales1. Our review of the record reveals that the clerk of the circuit court sent notices to the addresses listed on the tax collector’s statement, as required by section 197.522(1)(a), Florida Statutes (1997),2 and the tax collector’s statement contained the names and addresses of the legal title holders as listed on the last assessment roll. Sec. 197.502(4)(a). The fact that sometime in 1997 a change of address form had been filed with the property appraiser did not require the collector or the clerk to deviate from the statutory mandate. See, Dawson v. Saada, 608 So. 2d 806 (Fla. 1992); Alwani v. Slocum, 540 So. 2d 908 (Fla. 2d DCA 1989), rev. denied, 548 So. 2d 662 (Fla.1989).
AFFIRMED.
PETERSON, SAWAYA, JJ. and ORFINGER, M., Senior Judge.
. Taxes were unpaid for the years 1994, 1995 and 1996.
. Appellant conceded below 'the clerk followed the required statutory procedure.
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Citator
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Vosilla v. Rosado, 944 So. 2d 289 (Fla. 2006)…trial court concluded that the notice did not violate the Rosados’ due process rights because the notice was sent in compliance with the statutory requirements. The trial court concluded it was bound by Alwani and Eurofund Forty-Six, Ltd. v. Terry, 755 So. 2d 835 (Fla. 5th DCA 2000), both of which held that notice of a tax deed sale that complies with section 197.522(1) comports with due process even though the titleholder had sent the taxing authorities notice of a change of address. On appeal, the Fifth D…
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Kidder v. Emilio Cirelli, 821 So. 2d 1106 (Fla. 5th DCA 2002)…o be sent to the address listed in the tax collector’s statement must contemplate [*1112] that s.uch address itself is calculated to provide proper notice. . The concurring opinion mentions our previous opinion in Eurofund Forty-Six, Ltd. v. Terry, 755 So. 2d 835 (Fla. 5th DCA 2000), and suggests that, it is violative of Mullane. I agree. But the opinion distinguishes this case because "the failure of the tax.rolls to reflect Kidder’s correct mailing address” was his fault, presumably because he failed to co…1 / 3
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Rosado v. Vosilla, 909 So. 2d 505 (Fla. 5th DCA 2005)…ry. On December 19, 2000, Mr. Terry conveyed the property by quit claim deed to the Plaintiffs. Despite these findings, the trial court felt bound to follow Alwani v. Slocum, 540 So. 2d 908 (Fla. 2d DCA 1989) and Eurofund, Forty-Six, Ltd. v. Terry, 755 So. 2d 835 (Fla. 5th DCA 2000), which both held that notice of a tax deed sale that complied with section 197.522(1) was sufficient, despite a property owner’s prior efforts to send authorities notice of a change of address. The Statutory Notice Scheme The p…1 / 2
Authorities Cited
- Dawson v. Abe Saada, 608 So. 2d 806 (Fla. 1992)
- Gulabrai S. Alwani and Anita Gulabrai Alwani v. Slocum, 540 So. 2d 908 (Fla. 2d DCA 1989)