McNeil Barcelona Associates, Ltd. v. Daniel
McNeil Barcelona Associates, Ltd. v. Daniel
Opinion of the Court
An owner of an apartment complex appeals from a summary judgment in favor of the Hillsborough County Tax Appraiser
It appears that the property appraiser did not comply with rule 12D-12.42, Florida Administrative Code, by notifying the property owner of the increase in the assessed valuation. However, under the circumstances of this case we do not conclude that such failure invalidated the increase or that the taxpayer was significantly prejudiced. The property owner did receive notification of the increase albeit from the tax collector twelve days after a certificate of correction was issued by the property appraiser to the tax collector. There is no question that the taxpayer owed at least the amount which was paid. Nor do we conclude under the circumstances of this case that the mere fact that the property owner had paid the amount erroneously billed before receiving such notification rendered invalid the increase which was authorized by section 197.0151(1). In that section the legislature provided that such a correction could be made “at any time ... and when so corrected ... shall be construed as valid ab initio and shall in no way affect any process by law for the enforcement of the collection of any tax.” That the legislature did not intend to except from that provision a situation where taxes had been paid before the property owner received notification of the correction is manifested by the legislature’s reference in subsection (b) of that section which provides only one instance when payment of the taxes shall have some effect, to wit, to avoid any invalidation of a conveyance of the property by reason of nonpayment of taxes.
Affirmed.
Reference
- Full Case Name
- McNEIL BARCELONA ASSOCIATES, LTD. v. W.R. DANIEL, Jr., as Property Appraiser of Hillsborough County, Florida
- Cited By
- 4 cases
- Status
- Published