City of Miami v. 346 NW 29th Street, LLC

District Court of Appeal of Florida

City of Miami v. 346 NW 29th Street, LLC

184 So. 3d 592, 2016 Fla. App. LEXIS 1006, 2016 WL 313977

CourtDistrict Court of Appeal of Florida

DecidedJanuary 27, 2016

DocketNo. 3D15-1203

StatusPublished

This text of 184 So. 3d 592 (City of Miami v. 346 NW 29th Street, LLC) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of Miami v. 346 NW 29th Street, LLC, 184 So. 3d 592, 2016 Fla. App. LEXIS 1006, 2016 WL 313977 (Fla. Ct. App. 2016).

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Opinion

WELLS, Judge.

On the City of Miami’s acknowledgement that the application of section 194.171 of the Florida Statutes (the 60-day non-claim period for filing challenges to tax assessments) would produce the same result as to both the named class representative and all class members in this action, we affirm the Order Granting Class Certification. In doing so, we do not address the trial court’s factual or legal determinations as to the applicability of either section 194.171 or section 95.11 of the Florida Statutes, as we find any such determinations premature to the question at hand. Accordingly, we affirm this order certifying a class without prejudice to the City’s right to assert these statutory provisions as a bar to recovery, and to make a full record regarding same in the proceedings to follow, as to both the class representative and each class member.

Affirmed.

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WELLS, Judge.

On the City of Miami’s acknowledgement that the application of section 194.171 of the Florida Statutes (the 60-day non-claim period for filing challenges to tax assessments) would produce the same result as to both the named class representative and all class members in this action, we affirm the Order Granting Class Certification. In doing so, we do not address the trial court’s factual or legal determinations as to the applicability of either section 194.171 or section 95.11 of the Florida Statutes, as we find any such determinations premature to the question at hand. Accordingly, we affirm this order certifying a class without prejudice to the City’s right to assert these statutory provisions as a bar to recovery, and to make a full record regarding same in the proceedings to follow, as to both the class representative and each class member.

Affirmed.

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Bluebook (online)

184 So. 3d 592, 2016 Fla. App. LEXIS 1006, 2016 WL 313977, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-miami-v-346-nw-29th-street-llc-fladistctapp-2016.