University Presbyterian Homes, Inc. v. Smith

Supreme Court of Florida

University Presbyterian Homes, Inc. v. Smith

408 So. 2d 1039, 1982 Fla. LEXIS 2304

CourtSupreme Court of Florida

DecidedJanuary 7, 1982

DocketNo. 60084

StatusPublished

Cited by1 cases

This text of 408 So. 2d 1039 (University Presbyterian Homes, Inc. v. Smith) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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University Presbyterian Homes, Inc. v. Smith, 408 So. 2d 1039, 1982 Fla. LEXIS 2304 (Fla. 1982).

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Opinion

ADKINS, Justice.

This is a petition seeking review of a decision of the District Court of Appeal, Second District, reported at 390 So.2d 79 (Fla. 2d DCA 1980), which conflicts with the decision in City of Opa-Locka v. Buckress Land Company, 247 So.2d 339 (Fla. 3rd DCA 1971).

The issue presented is whether a court may award prejudgment interest against a tax collector in favor of a taxpayer in the absence of any specific statute authorizing such an award. In the instant case, the court refused to make such an award; in Opa-Locka, supra, the court made such an award.

We approve the decision below and adopt it as our own. City of Opa-Locka v. Buckress Land Company is overruled.

It is so ordered.

SUNDBERG, C. J., and BOYD, OVER-TON and McDONALD, JJ., concur.

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