University Presbyterian Homes, Inc. v. Smith
University Presbyterian Homes, Inc. v. Smith
Opinion of the Court
This is a petition seeking review of a decision of the District Court of Appeal, Second District, reported at 390 So.2d 79 (Fla. 2d DCA 1980), which conflicts with the decision in City of Opa-Locka v. Buckress Land Company, 247 So.2d 339 (Fla. 3rd DCA 1971).
The issue presented is whether a court may award prejudgment interest against a tax collector in favor of a taxpayer in the absence of any specific statute authorizing such an award. In the instant case, the court refused to make such an award; in Opa-Locka, supra, the court made such an award.
We approve the decision below and adopt it as our own. City of Opa-Locka v. Buckress Land Company is overruled.
It is so ordered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.