HENRY TIEN
v.
TAX COLLECTOR
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A complaint seeking declaratory relief must satisfy statutory requirements under Florida Statute § 86.011 and established precedent, and the complaint here did not.
[1] A complaint seeking declaratory judgment relief must comply with the requirements of Florida Statute § 86.011 and must satisfy the showing required by established precede…
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Join FLexlaw to unlock all legal intelligenceHenry Tien filed a second amended complaint seeking declaratory relief against the Tax Collector. The trial court dismissed the complaint.…
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Opinion filed December 18, 2024. Not final until disposition of timely filed motion for rehearing.
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No. 3D23-2067 Lower Tribunal No. 22-9817
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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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Citator
Authorities Cited
- State of Fla. Dep't OF Env't Prot. v. Garcia, 99 So. 3d 539 (Fla. 3d DCA 1989)