DADE COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, ET AL., APPELLANTS,
v.
GENERAL PORTLAND CEMENT COMPANY, A CORPORATION, APPELLEE

Fla. 3d DCA | 1960-02-11
No. 59-610
HORTON, C. J., and PEARSON, J., concur.
117 So. 2d 853 Florida District Court of Appeal, Third District (1960) Positive Treatment
Cited by 2 cases
Opinion of the Court
CARROLL, CHAS., Judge.

CARROLL, CHAS., Judge.

This is an appeal from an order enjoining completion of the assessment roll for 1959 taxes on a taxpayer’s property, granted on application of the taxpayer for alleged excessiveness, in a suit filed before the asssessment became final, and therefore not within the period of time limited for such suits by § 192.21, Fla.Stat, F.S.A.

On the authority of the case of Dade County, Florida, et al. v. DuPont Plaza, Inc., Fla.App.1960, 117 So.2d 849, decided by this court on this date, and for the reasons set out therein, which are equally applicable on this appeal, the injunctive order appealed from is reversed, and the cause is remanded with directions to dismiss the complaint.

It is so ordered.

HORTON, C. J., and PEARSON, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Amatrudi v. Blake, 117 So. 2d 416 (Fla. 3d DCA 1960)
    …nal orders. Inasmuch as this order is appealable as an interlocutory order we have undertaken to hear the appeal and will consider it for the purposes of this opinion as an interlocutory [*417] appeal. See Welch v. Graves Brothers Co., Fla.App.1960, 117 So. 2d 853. Cf. Hensley v. Palmer, Fla.1952, 59 So. 2d 851; Beck v. Barnett Nat. Bank of Jacksonville, Fla.App.1960, 117 So. 2d 45. The controlling question is whether or not the mechanics’ lien act provides for foreclosure against an equitable ownership in p…
  • Poinciana Mobile Home Park, Inc. v. Pink Conley, 538 So. 2d 133 (Fla. 3d DCA 1989)
    …lier has now become a reality, with the daily accrual of damages arising from the continuing encroachment of the three mobile homes. The continuing nature of this injury to Appellants warrants injunctive relief. See Welch v. Graves Brothers Company, 117 So. 2d 853 (Fla. 2d DCA 1960). In the later case, the court erred in granting undeserved injunctive relief where Appellees failed to show sufficient irreparable damages. Poinciana offered to absorb all costs incurred in relocating the encroaching mobile homes…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw