MICHAEL R. BOSTWICK & TODD F. BOSTWICK, ETC., APPELLANTS,
v.
EDRICK G. CLUKIES, ET AL., APPELLEES
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Bostwick challenged a tax deed sale that resulted in loss of his property interest. The appellate court affirmed the quiet title judgment, rejecting Bostwick's arguments that the tax deed was invalid due to inadequate notice and defects in the tax collector's statement.
The tax deed was valid. The clerk of court has no duty to search public records for additional addresses or to notify anyone other than the names provided by the tax collector. Tax collectors may delegate their duties to deputies, and the record showed the tax collector's seal was properly affixed to the statement.
[1] A tax deed is not invalidated by the clerk of court's failure to send notice to the preparer of a mortgage, even if the preparer's address is listed on the mortgage, as t…
[2] The clerk of court has no duty to search public records to determine the actual status of property ownership or the accuracy of information provided by the tax collector…
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the clerk of court only is responsible to notify the names provided to him in the tax collector's statement. Neither Section 197.502(4), Florida Statutes, nor section 197.522(1), Florida Statutes, requires the clerk to search all public records available to determine the actual status of ownership.”
Establishes that the clerk has no duty to search for additional addresses or notify parties beyond those listed by the tax collector
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceClukies purchased property by tax deed and sued to quiet title against Orlando 311, LTD. and Robert Bostwick. The tax collector's employee (rather tha…
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THOMPSON, C.J.
Edrick G. Clukies sued Orlando 311, LTD., a dissolved Texas limited partnership, and Robert Bostwiek, in an action to quiet title to real property in Lake County, Florida, pursuant to Section 65.081, Florida Statutes (1997). Clukies purchased the property by tax deed. Constructive service was obtained on Orlando 311 and later a default was entered against it. Bostwiek answered a later-filed amended complaint; he submitted that the tax deed should be set aside for various and sundry reasons.1 The case proceeded to trial after which the trial court quieted title in favor of Clukies. From this final judgment, Bostwiek takes his timely appeal and raises two-issues.2
First, Bostwiek suggests that although written notice of the tax deed sale was sent to him, the notices delivered by the clerk of court were inadequate because an attorney who prepared the mortgage for him listed his address on the face of the mortgage, but notice was not mailed to him prior to the tax deed sale. The tax collector failed to provide that address to the clerk, and that invalidates the tax deed. This argument is without merit.
First, the address in question simply reads “Prepared By/Return To” and then states “John E. Melntee, Esq., 241 E. Ruby Ave., Suite A., Kissimmee, FL 34741.” There is no requirement that notice of the tax deed sale be sent to the preparer of the mortgage. Even if there was, the clerk of court only is responsible to notify the names provided to him in the tax collector’s statement. Neither Section 197.502(4), Florida Statutes, nor section 197.522(1), Florida Statutes, requires the clerk to search all public records available to determine the actual status of ownership. See Stubbs v. Cummings, 336 So. 2d 412, 415 (Fla. 1st DCA 1976). Further, these statutes do not require the tax collector to search all available records for names and addresses. See Levy v. Ippolito, 503 So. 2d 1308, 1311 (Fla. 2d DCA 1987). Moreover, the clerk has no duty to determine the accuracy of the tax collector’s information. See Alwani v. Slocum, 540 So. 2d 908, 909 (Fla. 2d DCA 1989). For these reasons, the clerk of court’s failure to provide notice to the preparer of the mortgage does not invalidate the tax deed.
Next, Bostwiek argues that the tax deed should be invalidated because the tax collector statement provided to the clerk was signed by an employee serving under the tax collector for Lake County, rather than the tax collector himself. He also contends that the tax collector’s seal was not placed on that statement, another statutory requirement.
Section 197.502, Florida Statutes (1999) provides in pertinent part:
(4) The tax collector shall deliver to the clerk of the circuit court a statement that payment has been made for all outstanding or, if the certificate is held by the county, that all appropriate fees have been deposited, and stating that the following persons are to be notified prior to the sale of the property:
* * * * *
(f) ... [t]he certificate shall be signed by the collector and the collector’s seal affixed. The collector may purchase a reasonable bond for errors and omissions of his or her office in making such certificate.
Tax collectors “may appoint deputies to act in their behalf in carrying out the duties prescribed by law.” § 197.103, Fla. Stat. (2000). In effect, that is what occurred here. As to the lack of seal on the statement, the record reflects that indeed the seal of the tax collector was placed on the statement.
AFFIRMED.
SAWAYA and PLEUS, JJ., concur. . Subsequently, Bostwiek passed away and his co-personal representatives were substituted as parties.
. Both issues are on matters of law, thus appellate review is de novo.
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Baron v. Errict Rhett & Errict Rhett Youth Found., Inc., 847 So. 2d 1032 (Fla. 4th DCA 2003)…e date of sale. If no address is listed in the tax collector’s statement, then no notice shall be required. Neither statute requires the clerk1 to search all public records available to determine the actual status of ownership. Bostwick v. Clukies, 801 So. 2d 961, 962 (Fla. 5th DCA 2001). Furthermore, the clerk has no general duty to determine the accuracy of the tax collector’s statement. Id. The Barons claim that because Florida law requires that the clerk notify only those people listed on the tax collect…
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Hutchinson Island Realty, Inc. v. Babcock Ventures, Inc., 867 So. 2d 528 (Fla. 5th DCA 2004)…the date of sale. If no address is listed in the tax collector’s statement, then no notice shall be required.3 The clerk is not required to search all public records available to determine the actual status of ownership. E.g., Bostwick v. Clukies, 801 So. 2d 961, 962 (Fla. 5th DCA 2001); see also Baron v. Rhett, 847 So. 2d 1032, 1034 (Fla. 4th DCA 2003). In addition, the clerk has no general duty to determine the accuracy of the tax collector’s statement. Bostivick, 801 So. 2d at 962. In Bostwick this court…
Authorities Cited
- Gulabrai S. Alwani and Anita Gulabrai Alwani v. Slocum, 540 So. 2d 908 (Fla. 2d DCA 1989)
- Stubbs v. Cummings, 336 So. 2d 412 (Fla. 1st DCA 1976)
- Levy v. Giacchino Ippolito and Ilarie Ippolito, 503 So. 2d 1308 (Fla. 2d DCA 1987)