ROBERT E. MARX, AND SHIRLEY MAE MARX, HIS WIFE, AND SHIRLEY HOMES, INC., A FLORIDA CORPORATION, INDIVIDUALLY AND ON BEHALF OF ALL OTHER TAXPAYERS SIMILARLY SITUATED, APPELLANTS,
v.
HOKE WELCH, AS COUNTY MANAGER OF DADE COUNTY, FLORIDA, CHARGED WITH THE DUTIES OF THE TAX ASSESSOR AND TAX COLLECTOR OF DADE COUNTY, FLORIDA, AND RAY E. GREEN, COMPTROLLER OF THE STATE OF FLORIDA, APPELLEES
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This case involves an interlocutory appeal concerning equitable relief sought by taxpayers regarding the 1964 Dade County tax roll. The appellate court affirmed the lower court's order, which limited the plaintiffs' cause of action to parcels they owned and had reviewed by the Board of Equalization, finding they lacked standing for a class suit and had not exhausted administrative remedies for other parcels.
No, the chancellor did not err. The plaintiffs had no right to bring a class suit and failed to exhaust their administrative remedies on certain parcels.
“We find no error in the chancellor's ruling in limiting the plaintiffs' cause of action to review of the assessment on parcels they owned; which parcels had been reviewed by the Board of Equalization of the County.”
This quote establishes the court's agreement with the lower court's limitation on the scope of the plaintiffs' case.
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Join FLexlaw to unlock all legal intelligenceAppellants, taxpayers, sought equitable relief concerning the 1964 Dade County tax roll. The chancellor dismissed certain relief sought, limiting the …
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This interlocutory appeal involves an order of the chancellor, dismissing certain equitable relief sought by the appellants as plaintiffs relative to the 1964 Dade County tax roll. This is the same roll which was before the Supreme Court of Florida in the case of McNayr v. State ex rel. Dupont Plaza Center Inc., Fla.1964, 166 So.2d 142.
We find no error in the chancellor’s ruling in limiting the plaintiffs’ cause of action to review of the assessment *738ón parcels. tHey ownéd; which parcels had been reviewed by the Board of Equalization: of the County. They had -no- right of action as a class suit, and failed to exhaust their-administrative remedies on certain of their parcels. In this connection, see the following authorities: State ex rel. Dofnos Corporation v. Lehman, 100 Fla. 1401, 131 So. 333; Rio Vista Hotel & Improvement Co. v. Belle Mead Development Corp., 132 Fla. 88, 182 So. 417; State ex rel. Gibbs v. Circuit Court of Eleventh Judicial Circuit of Dade County, 140 Fla. 378, 191 So. 699; McAllister Realty Co. v. Campbell, 143 Fla. 447, 196 So. 857; Odham v. Foremost Dairies, Inc., Fla.1961, 128 So.2d 586; Dade County Land Development Corp. v. Dade County, Fla.App.1963, 157 So.2d 142; § 196.01, Fla. Stat., F.S.A.
The order here under review is hereby affirmed. •
Affirmed.
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Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Odham v. Foremost Dairies, Inc., 128 So. 2d 586 (Fla. 1961)
- State v. Lehman, 100 Fla. 1401 (Fla. 1930)
- Barber v. Fla. Indus. Comm'n, 166 So. 2d 142 (Fla. 1964)
- State ex rel. George Couper Gibbs v. The Cir. Court, 140 Fla. 378 (Fla. 1939)
- The Rio Vista Hotel & Improvement Co. v. Belle Mead Dev. Corp., 132 Fla. 88 (Fla. 1937)
- Dade Cnty. Land Dev. Corp. v. Dade Cnty., 157 So. 2d 142 (Fla. 3d DCA 1963)
- McAllister Realty Co. v. Campbell, 143 Fla. 447 (Fla. 1940)