Legal Opinion

Barrett Tool Rental, Inc. v. Metropolitan Miami Dade

District Court of Appeal of Florida

Decided December 5, 2001No. 3D00-3642Published

1Per curiam

Barrett Tool Rental, Inc. (BTR) appeals an order dismissing with prejudice its petition for injunctive relief. We affirm.

BTR sought to prevent the county from levying on its property and contested an ad valorem tax assessment for tax years 1997 and 1998. Because BTR’s action comes too late, the trial court correctly ruled that it lacked subject matter jurisdiction.1 See § 194.171(2), Florida Statutes (1999); Markham v. Neptune Hollywood Beach Club, 527 So.2d 814 (Fla.1988) (holding that section 194.171(2) is a jurisdictional statute of nonclaim rather than a statute of limitations); Bystrom…

2Cases cited4 opinions

  1. Bystrom v. DiazSupreme Court of Florida · 1987
  2. Markham v. Neptune Hollywood Beach ClubSupreme Court of Florida · 1988
  3. Wal-Mart Stores, Inc. v. DayDistrict Court of Appeal of Florida · 1999
  4. Pier House Joint Venture v. HiggsDistrict Court of Appeal of Florida · 1991

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