THE CITY OF MIAMI, A MUNICIPAL CORPORATION, CARL CAPLINGER, TAX COLLECTOR OF THE CITY OF MIAMI, WENDELL BAILEY, FINANCE DIRECTOR OF THE CITY OF MIAMI, WALTER ELWELL, TAX ASSESSOR OF THE CITY OF MIAMI, APPELLANTS,
v.
CLAUGHTON HOTELS, INC., METROPOLITAN DADE COUNTY, FLORIDA, SAM ELCOOK, TAX ASSESSOR OF DADE COUNTY, FLORIDA, EARNEST OVERSTREET, TAX COLLECTOR OF DADE COUNTY, FLORIDA, AND RAY E. GREEN, COMPTROLLER OF THE STATE OF FLORIDA, APPELLEES

Fla. 3d DCA | 1964-12-22
No. 64-375
Before BARKDULL, C. J., and HORTON and HENDRY, JJ.
170 So. 2d 77 Florida District Court of Appeal, Third District (1964) Positive Treatment
Cited by 2 cases

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Synopsis

The City of Miami appealed a judgment requiring it to pay Claughton Hotels a pro rata share of City and County taxes under a contract. This is the third appeal in the litigation; the court affirms the trial court's 25% reduction of the previously awarded damages, establishing a formula for calculating the City's ongoing tax obligation.


Holding

The court affirmed the 25% reduction of the damages award. The refusal to grant a continuance was either not erroneous or constituted harmless error, as the evidence adduced was sufficient to support the reduced award regardless of the missing witness testimony.


Key Quotes

“the City was bound by contract to pay the Claughton Hotels a pro rata share of the City and County taxes”

Establishes the contractual obligation at the heart of the case, from the first appeal.

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Facts & Procedural History

Claughton Hotels, Inc. contracted with the City of Miami regarding shared tax liability. The City had previously exempted a portion of the premises fr…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This is the third appearance of this case in this court. The first was reported in Claughton Hotels, Inc. v. City of Miami, Fla.App.1962, 140 So.2d 608, wherein we held that the City was bound by contract to pay the Claughton Hotels a pro rata share of the City and County taxes. Upon remand, the court (in December of 1962) adjudicated that the liability of the City was approxiamtely $3,300.00 for City taxes and $10,000.00 for County taxes for the period 1954 through 1962. From our previous opinion, it is noted that the City had exempted a portion of the premises from its taxes prior to the institution of this suit.

Following the entry of the decree on mandate in December of 1962, the City appealed and this resulted in the second opinion of this court, found in City of Miami v. Claughton Hotels, Inc., Fla.App.1963, 157 So.2d 196, wherein we held that the court’s award was too high and remanded the case to the chancellor to consider a reduction. Thereafter, the cause came on to be heard for an order on the second mandate, resulting in the order here under review dated March 10, 1964, wherein the chancellor reduced the previous award [as made in December of 1962] by 25%. We affirm.

The City contends that the chancellor erred in failing to grant it a continuance because of the illness of a prime witness. An examination of the proffer of the proposed witness’ testimony reveals that even if same were appropriately before the chancellor it would have been within his discretion, because of the evidence adduced before him, to arrive at the 25% reduction. Therefore, even if he erroneously refused to grant the continuance it would, at most, have been harmless error. There being sufficient competent evidence to support the order, same should be affirmed.

Because this is a continuing obligation of the City, we would like to spell out the *78formula to be considered in arriving at the City’s liability under the agreement. The order of December, 1962 adjudicated that the City was liable for $13,722.06. This apparently was determined from computations contained in a memorandum submitted to the court (which is found on pages 221 and 22 of the record on appeal). This award constituted 13.84% of the total land assessment value, both City and County. The chancellor, in the order here under review, reduced this award by 25% to $10,-841.80 which, in effect, reduced the pro rata share of the City’s liability to 10.38% of the taxes assessed on the land value, both City and County.

Therefore, for the reasons stated above, the order here under review is hereby affirmed.

Affirmed.


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Citator

Cited By

  • Fuller v. Rinebolt, 382 So. 2d 1239 (Fla. 4th DCA 1980)
    …equivalent of a motion for continuance, the trial court has wide discretion to grant such a motion and, where no prejudice is shown, may properly deny it. Riggins v. State, 283 So. 2d 878 (Fla. 1st DCA 1973), City of Miami v. Claughton Hotels, Inc., 170 So. 2d 77 (Fla.3rd DCA 1964). Appellants maintain that the police officer was the only independent witness to observe the physical evidence at the accident scene. In the absence of the police officer the appellant, Roberta Timmerman, drew a diagram of the in…

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