Henry Tien v. Tax Collector

District Court of Appeal of Florida

Henry Tien v. Tax Collector

CourtDistrict Court of Appeal of Florida

DecidedDecember 18, 2024

Docket3D2023-2067

StatusPublished

This text of Henry Tien v. Tax Collector (Henry Tien v. Tax Collector) 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

Henry Tien v. Tax Collector, (Fla. Ct. App. 2024).

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Opinion

Third District Court of Appeal State of Florida

Opinion filed December 18, 2024. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D23-2067 Lower Tribunal No. 22-9817 ________________

Henry Tien, Appellant,

vs.

Tax Collector, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Maria de Jesus Santovenia, Judge.

Henry Tien, in proper person.

Geraldine Bonzon-Keenan, Miami-Dade County Attorney, and Veronica Sanchez, Assistant County Attorney, for appellee.

Before MILLER, GORDO and GOODEN, JJ.

PER CURIAM. Because the trial court did not err when it dismissed the second

amended complaint, we hereby affirm. The second amended complaint

failed to state a cause of action for declaratory relief. See § 86.011, Fla. Stat.

(2024) (“The court may render declaratory judgments on the existence, or

nonexistence . . . [o]f any immunity, power, privilege, or right . . . .”); May v.

Holley, 59 So. 2d 636, 639 (Fla. 1952) (setting forth the requirements of a

declaration judgment action); State, Dep’t of Env’t Prot. v. Garcia, 99 So. 3d

539, 544-45 (Fla. 3d DCA 2011) (explaining required showing by party

seeking declaration).

Affirmed.

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