ALEXANDRIA INVESTMENTS, LLC, ET AL.
v.
WATERSTONE CAPITAL, LLC, ET AL.
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No right, interest, restriction, or covenant survives the issuance of a tax deed under Florida law.
[1] Under Florida Statute § 197.552, no right, interest, restriction, or covenant survives the issuance of a tax deed, and the caveat emptor rule applies to the sale of comme…
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Join FLexlaw to unlock all legal intelligence“[N]o right, interest, restriction, or other covenant shall survive the issuance of a tax deed . . . .”
Florida Statute § 197.552(2023)
Alexandria Investments and other appellants appealed a circuit court decision regarding the survival of liens or restrictions following the issuance o…
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Third District Court of Appeal State of Florida Opinion filed October 8, 2025. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D24-1437 Lower Tribunal No. 23-22378-CA-01 ________________ Alexandria Investments, LLC, et al., Appellants, vs. Waterstone Capital, LLC, et al., Appellees. An Appeal from the Circuit Court for Miami-Dade County, Mavel Ruiz Judge. Armstrong Teasdale LLP, Marlon J. Weiss and Glen H. Waldman, for appellants. Bercow, Radell, Fernandez, Larkin & Tapanes, PLLC, Paul C. Savage, Thomas H. Robertson, and Peter D. Shoemaker, for appellees. Before FERNANDEZ, MILLER, and BOKOR, JJ.
PER CURIAM.
2
Affirmed. See § 197.552, Fla. Stat. (2023) (“[N]o right, interest, restriction, or other covenant shall survive the issuance of a tax deed . . . .”); Cricket Props., LLC v. Nassau Pointe at Heritage Isles Homeowners Ass’n, Inc., 124 So. 3d 302, 307 (Fla. 2d DCA 2013) (reversing trial court’s finding that lien premised on unpaid association assessments survived issuance of tax deed); Futura Realty v. Lone Star Bldg. Ctrs. (E.), Inc., 578 So. 2d 363, 364 (Fla. 3d DCA 1991) (reaffirming “long line of case law establishing caveat emptor as the rule in the sale of commercial property”); Miami-Dade County, Fla., Code of Ordinances, Ch. 24, art. I, § 24-31(1) (2024) (“Whoever commits a violation of this chapter or any lawful rule or regulation promulgated under this chapter is liable to Miami-Dade County . . . .”) (emphasis added); Murthy v. N. Sinha Corp., 644 So. 2d 983, 986 (Fla. 1994) (observing that legislative intent, as discerned from “language of the statute or the statutory structure,” is a prerequisite to implying a private remedy).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Melendez v. Singletary, 644 So. 2d 983 (Fla. 1994)
- Futura Realty v. Lone Star Bldg. Ctrs. (Eastern), Inc., 578 So. 2d 363 (Fla. 3d DCA 1991)
- Cricket Props., LLC v. Nassau Pointe AT Heritage Isles Homeowners Ass'n, Inc., 124 So. 3d 302 (Fla. 2d DCA 2013)