PROFILE INVESTMENTS, INC., APPELLANT,
v.
DELTA PROPERTY MANAGEMENT, INC., AND CIT LENDING SERVICES CORP., APPELLEES

Fla. 1st DCA | 2005-09-08
No. 1D05-396
KAHN, C.J., and BENTON, J., concur.
913 So. 2d 661 Florida District Court of Appeal, First District (2005) Positive Treatment
Cited by 4 cases

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Synopsis

Profile Investments challenges summary judgment in a tax deed sale dispute where Delta Property Management claims it did not receive proper notice of the tax sale because the clerk mailed notice to an outdated address. The court reverses summary judgment, finding material factual disputes exist regarding whether Delta's current address was reasonably ascertainable from the tax assessment roll.


Holding

Summary judgment is not appropriate because genuine issues of material fact exist regarding whether Delta's new address was reasonably ascertainable from the latest tax assessment roll available at the time notice was mailed. The case must be remanded for an evidentiary hearing to resolve this factual dispute.


Headnotes

[1] A clerk of the circuit court is required to mail notice of a tax deed sale to the legal titleholder at the address appearing on the latest tax assessment roll at the time…

[2] Summary judgment is inappropriate when genuine issues of material fact remain in dispute.

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Key Quotes

“the clerk of the circuit court was required to mail a notice of tax deed sale to the legal titleholder at the address that appeared on the latest tax assessment roll at the time the notice of the tax deed sale was sent”

Establishes the legal standard for proper notice imposed by the Florida Supreme Court

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Facts & Procedural History

Delta was the legal titleholder of property subject to a tax deed sale. The clerk mailed notice of the tax sale in September 2000 to the address liste…

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Opinion of the Court
THOMAS, J.

[*662] THOMAS, J.

Appellant, Profile Investments Ine. (Profile), challenges a final summary judgment in favor of Appellees, Delta Property Management, Inc. (Delta) and CIT Lending Services (CIT), which was entered upon remand from the supreme court’s decision in Delta Property Mgmt v. Profile Investments, Inc., 875 So. 2d 443 (Fla.2004), to quiet title to real property purchased in a tax sale. Because summary judgment is not appropriate in this case, we reverse.

This case involves certain real property that was available for purchase in a tax deed sale.1 Delta was entitled to notice of the tax sale, and the clerk of the circuit court mailed the notice in September 2000 to the address that was listed for Delta in the 1999 tax assessment rolls. However, Delta was no longer located at that address and never received notice of the sale. Profile purchased the property and brought an action to quiet title. Delta filed a counterclaim, arguing that it was not provided proper notice. The trial court granted summary judgment in favor of Profile on the basis that the clerk was not required to look beyond the tax collector’s statement to determine whether names and address of the parties were correctly listed. However, the supreme court found that the clerk of the circuit court was required to mail a notice of tax deed sale to the legal titleholder at the address that appeared on the latest tax assessment roll at the time the notice of the tax deed sale was sent. Id. at 447-448. The supreme court remanded the case back to the trial court for further proceedings.

On remand, the trial court did not allow Profile to present any new evidence concerning the availability of the tax assessment roll and entered summary judgment in Delta’s favor. We find there is a factual dispute over whether Delta’s new address was reasonably ascertainable from the latest tax assessment roll available at the time the clerk mailed the notice of the tax deed sale. Because there are genuine issues of material fact that are in dispute, summary judgment is not appropriate. See Menendez v. The Palms West Condominium Ass’n, 736 So. 2d 58, 60-61 (Fla. 1st DCA 1999).

We therefore reverse the summary judgment order and remand the case to the trial court with directions to hold an evidentiary hearing to determine whether Delta’s new address was reasonably ascertainable from the latest tax assessment roll, as required by the supreme court’s decision.

REVERSED and REMANDED.

KAHN, C.J., and BENTON, J., concur. . The facts and the procedural history of this case is discussed in detail in Delta Property Management v. Profile Investments, Inc., 830 So. 2d 867 (Fla. 1st DCA 2002), and Delta Property Management v. Profile Investments, Inc., 875 So. 2d 443 (Fla.2004).


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Citator

Cited By

  • DELTA Prop. Mgmt. v. Profile Invs., Inc., 87 So. 3d 765 (Fla. 2012)
    …ertainable from the latest tax assessment roll available at the time the Clerk mailed notice. The First District remanded the case, directing the trial court to hold an evidentiary hearing. Profile Invs., Inc. v. Delta Prop. Mgmt., Inc. (Delta III), 913 So. 2d 661, 662 (Fla. 1st DCA 2005), revieiv denied, 929 So. 2d 1052 (Fla.2006). Back at the trial court, Profile and Delta again filed dueling motions for summary judgment. The trial court found that the preliminary 2000 tax assessment roll was available to…
  • Profile Invs., Inc. v. DELTA Prop. Mgmt., Inc., 19 So. 3d 1013 (Fla. 1st DCA 2009)
    …x assessment roll available at the time the clerk mailed the notice of the tax deed sale. Because there are genuine issues of material fact that are in dispute, summary judgment is not appropriate. See Profile Inv., Inc. v. Delta Prop. Mgmt., Inc., 913 So. 2d 661, 662 (Fla. 1st DCA 2005). Through protracted litigation, then, including two summary judgments, two appeals to this court, and review by the Florida Supreme Court, this case moved inexorably toward resolution on the question of whether an updated ta…

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