City of Fernandina Beach v. Page
City of Fernandina Beach v. Page
Opinion of the Court
The City of Fernandina Beach appeals a final judgment dismissing its complaint which challenged a decision of the Nassau County Value Adjustment Board (the Board). We affirm.
The trial court dismissed the City’s complaint because it had not been filed within 60 days of the rendering of the Board’s decision, as required by section 194.171(2), Florida Statutes (1995). The City argues on appeal that the operation of this jurisdictional non-claim statute should be tolled in the instant case because of certain alleged irregularities in the Board’s proceedings. We find this argument without merit. The failure to strictly comply with the statutory notice procedures may toll the running of the 60-day period in section 194.171(2). Chihocky v. Crapo, 632 So.2d 230 (Fla. 1st DCA 1994); and Joyner v. Roberts, 642 So.2d 826 (Fla. 1st DCA 1994). Because none of the Board’s alleged irregularities related to the notice given regarding entry of the Board’s decision and because the City received actual notice of the Board’s decision, however, no tolling of the 60-day period has occurred here. Joyner, 642 So.2d at 828; and State, Dept, of Revenue v. Ray Const, of Okaloosa County, 667 So.2d 859, 862 (Fla. 1st DCA 1996).
Further, we find no merit to the City’s argument that the statute should be
Finally, the City’s argument that it was entitled an additional 5 days to file a complaint by operation of Rule 1.090(e), Florida Rules of Civil Procedure, is plainly without merit. Rule 1.090(e) clearly does not apply to the computation of the time periods under section 194.171(2), Florida Statutes (1995).
The final judgment of dismissal is therefore AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.