Legal Opinion

Lee v. Hartsfield

District Court of Appeal of Florida

Decided July 2, 2003No. 1D02-3481Published

1Per curiam

Richard and Patricia Lee appeal a final summary judgment in which the trial court ruled that, pursuant to section 194.171(2), Florida Statutes (1999), it lacked subject matter jurisdiction over the Lees’ action for declaratory and injunctive relief challenging the authority of the Leon County Property Appraiser to correct the assessment of their property. We agree with the trial court that the fundamental nature of the appellant’s lawsuit is a challenge of an assessment and, thus, it is governed by the sixty day non-claim statute. See § 194.171(2), Fla. Stat. (1999). As the court explained in…

2Cases cited4 opinions

  1. Markham v. Neptune Hollywood Beach ClubSupreme Court of Florida · 1988
  2. State, Dept. of Revenue v. StaffordDistrict Court of Appeal of Florida · 1994
  3. STATE, DEPT., REVENUE v. Gerald SohnDistrict Court of Appeal of Florida · 1995
  4. Nikolits v. DelaneyDistrict Court of Appeal of Florida · 1998

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