JAMES GOLDSMITH AND MONICA GOLDSMITH
v.
PEDRO J. GARCIA, ETC., ET AL.

Fla. 3d DCA | 2024-04-10
No. 2022-1692
Echarte, Jr., J., Emas, J., Fernandez, J., Lobree, J.
2024 FL 4046 Florida District Court of Appeal, Third District (2024)

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Holding

Due process does not require that a property owner receive actual notice before the government may take property through tax lien proceedings.


Headnotes

[1] Due process does not require that a property owner receive actual notice before the government may impose a tax lien on property.

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Key Quotes

“Due process does not require that a property owner receive actual notice before the government may take his property.”

Citation to Jones v. Flowers, 547 U.S. 220, 226 (2006)

Facts & Procedural History

James and Monica Goldsmith appealed a circuit court decision regarding a property tax matter involving Pedro J. Garcia, as Property Appraiser of Miami…

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Opinion of the Court
Lobree

Third District Court of Appeal State of Florida

Opinion filed April 10, 2024. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D22-1692 Lower Tribunal No. 21-6 ________________

James Goldsmith and Monica Goldsmith, Appellants,

vs.

Pedro J. Garcia, etc., et al., Appellees.

An Appeal from the Circuit Court for Miami-Dade County, Pedro P. Echarte, Jr., Judge.

Mark A. Goldstein, for appellants.

Geraldine Bonzon-Keenan, Miami-Dade County Attorney, and Ryan Carlin, Assistant County Attorney, for appellee Pedro J. Garcia, as Property Appraiser of Miami-Dade County.

Before EMAS, FERNANDEZ and LOBREE, JJ.

PER CURIAM.

Affirmed. See Jones v. Flowers, 547 U.S. 220, 226 (2006) (“Due

2 process does not require that a property owner receive actual notice before the government may take his property.”); Miles v. Parrish, 199 So. 3d 1046, 1049 (Fla. 4th DCA 2016) (“There is no requirement that the property appraiser give the property owner actual notice of the tax lien . . . .”) (quoting Genesis Ministries, Inc. v. Brown, 186 So. 3d 1074, 1079 (Fla. 1st DCA 2016)).


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