DEPARTMENT OF CORRECTIONS, APPELLANT,
v.
BENNY CHESNUT, APPELLEE
DEPARTMENT OF CORRECTIONS, APPELLANT,
BENNY CHESNUT, APPELLEE
847 So. 2d 575
Florida District Court of Appeal, First District (2003)
Negative Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM.
Upon consideration of the appellant’s response to the Court’s order of April 14, 2003, as well as the response filed by the Public Employees Relations Commission, the Court has determined that the order is not a final appealable order. See Dep’t of Corrections v. Saulter, 751 So. 2d 163 (Fla. 1st DCA 2000); see also Mathis v. Dep’t of Corrections, 726 So. 2d 389 (Fla. 1st DCA 1999). Accordingly, the appeal is dismissed for lack of jurisdiction.
ERVIN, KAHN and HAWKES, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Ward v. Brown, 894 So. 2d 811 (Fla. 2004)…w Ward v. Brown, 892 So. 2d 1059 (Fla. 1st DCA 2003), which expressly and directly conflicts with the decisions in Florida Governmental Utility Authority v. Day, 784 So. 2d 494 (Fla. 5th DCA 2001), and Department of Revenue v. Pepperidge Farm, Inc., 847 So. 2d 575 (Fla. [*812] 2d DCA 2003). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. Because we agree with the First District Court of Appeal’s opinion in Ward, we approve the decision below and disapprove of the Day and Pepperidge Farm, decisions to…1 / 3
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Hidden BAY Master Ass'n, Inc. v. Miami-Dade Cnty. Dep't OF Prop. Appraisal, 938 So. 2d 599 (Fla. 3d DCA 2006)…ason.” Id. at 816. In [*603] making its decision, the Florida Supreme Court traced the legislative scheme and intent for collecting taxes, and disapproved of the Second and the Fifth Districts’ decisions in Dept. of Revenue v. Pepperidge Farm, Inc., 847 So. 2d 575 (Fla. 2d DCA 2003) and Florida Governmental Utility Authority v. Day, 784 So. 2d 494 (Fla. 5th DCA 2001), which found that claims challenging the classification of property were not governed by section 194.171. The Ward court, guided by legislative…
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Todora v. Silverstein, 889 So. 2d 177 (Fla. 2d DCA 2004)…However, we do not reach these issues because the trial court lacked jurisdiction. When the trial court decided this case, it logically believed that it had jurisdiction under this court’s holding in Department of Revenue v. Pepperidge Farm, Inc., 847 So. 2d 575 (Fla. 2d DCA 2003). The supreme court recently disapproved our Pepperidge Farm decision and held that section 194.171(2) “applies broadly to taxpayers’ actions challenging the assessment of taxes against their property regardless of the legal basis…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Earnest Mathis, Jr. v. Fla. Dep't OF Corr., 726 So. 2d 389 (Fla. 1st DCA 1999)
- Inverness Healthcare Ctr. & CSSC Beverly Enters. Unit v. Cote, 751 So. 2d 163 (Fla. 1st DCA 2000)
- Dep't OF Corr. v. Saulter, 751 So. 2d 163 (Fla. 1st DCA 2000)