MONROE COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, ET AL., APPELLANTS,

v.

ALFRED GUSTINGER, JR., APPELLEE

Fla. 3d DCA | 1973-11-13

No. 73-771

Before BARKDULL, C. J., and CHARLES CARROLL and HENDRY, JJ-

285 So. 2d 431 Florida District Court of Appeal, Third District (1973) Positive Treatment

Cited by 9 cases

Topics

Challenge To Tax Assessment Exhaustion Of Administrative Remedies

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Opinion of the Court

PER CURIAM.

By this interlocutory appeal, the appellants seek review of an order of the trial court refusing to dismiss an action challenging a 1972 tax assessment of certain lands owned by the taxpayer. The principal basis of error urged is that the taxpayer failed to exhaust his administrative remedies and bring his suit, as provided in § 194.171, Fla.Stat., F.S.A. We find this point to be well taken and reverse the order here under review, with directions to dismiss so much of the taxpayer’s cause of action seeking to attack the 1972 assessment. Henry v. County of Dade, Fla.App.1963, 149 So. 2d 89; Harvey W. Seeds Post No. 28, Amer. Leg. v. Dade County, Fla.App. 1970, 230 So. 2d 696; Dade Drydock Corp. v. Broward County, Fla. App.1971, 250 So. 2d 286; Askew v. MGIC Development Corporation of Florida, Fla.App.1972, 262 So. 2d 227.

Reversed and remanded, with directions.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

Milros-Sans Souci, Inc. v. Dade Cnty., 296 So. 2d 545 (Fla. 3d DCA 1974)

…the reasons stated and upon the authorities cited, the judgment appealed is affirmed. Affirmed. . Florida East Coast Railway Company v. Reid, Fla.App.1973, 281 So. 2d 77; Fla.Stat. § 194.011(2), F.S.A. . Monroe County v. Gustinger, Fla.App.1973, 285 So. 2d 431; Marx v. Welch, Fla.App.1965, 178 So. 2d 737, cert. den. Fla., 188 So. 2d 313. . The 1970 figure was determined following arbitration between the Sans Souci and the county. At the hearing before the trial judge, the county introduced into evidence…
Blake v. R. M. S. Holding Corp., 341 So. 2d 795 (Fla. 3d DCA 1977)

…(3), 194.032, and 194.042 Florida Statutes (1973). As a result of its failure in that regard the plaintiff was entitled to no relief on its suit challenging the assessment. Marx v. Welch, 178 So. 2d 737 (Fla.3d DCA 1965); Monroe County v. Gustinger, 285 So. 2d 431 (Fla.3d DCA 1973). We reject as unsound the contention of the appellee that it should be excused for its failure to exercise its administrative remedies because the assessor did not notify the plaintiff that its application for agricultural assessm…
Fredericks v. Blake, 382 So. 2d 368 (Fla. 3d DCA 1980)

…alm Beach v. Palm Beach County, 332 So. 2d 355 (Fla. 4th DCA 1976). Fredericks was required to first exhaust his administrative remedies as he lacked standing to invoke the original jurisdiction of the circuit court. See Monroe County v. Gustinger, 285 So. 2d 431 (Fla. 3d DCA 1973). Upon receipt of his property assessment he can, and in fact did, pursuant to Section 194.011(3), Florida Statutes (1977) file a petition raising the same objections to his assessment and then be entitled to a hearing before the P…

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Authorities Cited

Henry v. Cnty. OF Dade, 149 So. 2d 89 (Fla. 3d DCA 1963)
Harvey W. Seeds Post NO. 29 v. Dade Cnty., 230 So. 2d 696 (Fla. 3d DCA 1970)
Reubin O'D. Askew v. Mgic Dev. Corp. OF Fla., Inc., 262 So. 2d 227 (Fla. 4th DCA 1972)
Dade Drydock Corp. v. Broward Cnty., 250 So. 2d 286 (Fla. 4th DCA 1971)

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