Milton v. Tax Assessor

Miami-Dade County Circuit Court

Milton v. Tax Assessor

35 Fla. Supp. 145

Circuit Court of the 11th Judicial Circuit of Florida, Miami-Dade County·Decided January 19, 1971·No. No. 70-22863·Published

Opinion

MILTON A. FRIEDMAN, Circuit Judge.

This cause came on for hearing on defendants’ motion to dismiss. This court of equity, after hearing argument of counsel, is of the opinion that a taxpayer should not be allowed to file a complaint in circuit court merely because he is dissatisfied with the result of the arbitration proceedings.

It is therefore ordered and adjudged — (1) That the complaint filed in this cause be, and the same hereby is, dismissed without prejudice. (2) That the plaintiff shall have ten days from the entry of this order within which to file an amended complaint to show jurisdiction of this court.

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MILTON A. FRIEDMAN, Circuit Judge.

This cause came on for hearing on defendants’ motion to dismiss. This court of equity, after hearing argument of counsel, is of the opinion that a taxpayer should not be allowed to file a complaint in circuit court merely because he is dissatisfied with the result of the arbitration proceedings.

It is therefore ordered and adjudged — (1) That the complaint filed in this cause be, and the same hereby is, dismissed without prejudice. (2) That the plaintiff shall have ten days from the entry of this order within which to file an amended complaint to show jurisdiction of this court.

Milton v. Tax Assessor, 35 Fla. Supp. 145 (Fla. Super. Ct. 1971).

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