Tax Deed Validity

175 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Sidener v. Jones
  455 So. 2d 643· Fla. 1st DCA· 1984-09-17 ·cited 6×
  The court held that it was error to dismiss the action with prejudice because the plaintiff had not previously amended the complaint and it was not clear that a cause of action could not be alleged.
• Pittman v. Philip J. Fleming et ux.
  253 So. 2d 497· Fla. 1st DCA· 1971-10-21 ·cited 6×
  The Flemings sought reformation of deeds to include 25 acres of land in their chain of title, claiming a mutual mistake in the property description. The court reversed, holding that a deed cannot be reformed to include land not owned by the grantor, and that the chain of title or
• Fla. Bd. OF Forestry v. H.W. Lindsay et ux.
  205 So. 2d 358· Fla. 2d DCA· 1967-12-20 ·cited 6×
  The Florida Board of Forestry appealed a lower court decree enjoining it from interfering with the Lindsays' possession and use of 70 acres they purchased via Murphy Act deed in 1945. The appellate court affirmed, holding the State was legally estopped from denying the validity o
• Rubin Bryant and Andrew Kennedy v. Chicago Mill & Lumber Co.
  216 F.2d 727· 8th Cir.· 1954-11-12 ·cited 6×
  The court held that the deeds referencing a natural boundary (Chute) and subsequent tax actions effectively severed accretions from the original riparian land, vesting title in the defendants.
• Maude Waddell v. Donelly
  138 Fla. 570· Fla.· 1939-06-09 ·cited 6×
  In an ejectment action, the Florida Supreme Court affirmed judgment for the plaintiff against defendants who occupied property under an agent's permission and then challenged the agent's authority while relying on a subsequently obtained tax deed. The court held that tenants cann
• Certain Lands Upon Which Taxes and/or Special Assessments Are Delinquent v. City of Sebastian
  129 Fla. 233· Fla.· 1937-09-03 ·cited 6×
  The Florida Supreme Court affirmed a final decree in a tax enforcement action by the City of Sebastian against certain delinquent lands, rejecting the defendant's claim that a tax deed gave her superior title to the property. The court held that such defenses are not proper answe
• Shomaker v. J. S. Betts Co.
  64 Fla. 466· Fla.· 1912-06-01 ·cited 6×
  In this ejectment action, the Florida Supreme Court reversed a directed verdict for the plaintiff who challenged the validity of a tax deed on procedural grounds. The Court held that minor deviations from strict statutory requirements in tax sale proceedings do not void the deed
• Gaines v. Russ
  60 Fla. 317· Fla.· 1910-06-01 ·cited 6×
  Russ sought to cancel a tenancy agreement signed under alleged duress and void a tax deed, but the Florida Supreme Court held that the County Judge's determination of tenancy was conclusive and the bill stated no equity once tenancy was established.
• Harvey v. Morgan
  58 Fla. 427· Fla.· 1909-06-01 ·cited 6×
  In a suit to remove a cloud on title to land, the Florida Supreme Court reversed a decree pro confesso entered against defendants who had filed pleas of adverse possession. The court held that the defendants' pleas adequately stated ultimate facts constituting a complete equitabl
• Rose v. J. B. Withers upon the Estate of E. J. Baker
  39 Fla. 460· Fla.· 1897-06-01 ·cited 6×
  The appellate court reversed a lower court's judgment in an ejectment action, finding that the administrator of the estate failed to prove a present right of possession to the land, which is required for such an action under the Revised Statutes of 1892.
• Stewart v. Lizzie Powell
  158 Fla. 420· Fla.· 1947-01-28 ·cited 5×
  In this ejectment action, the Florida Supreme Court upheld a trial court's rejection of a tax deed as invalid proof of title. The court held that under the Murphy Act, a tax deed issued against homestead property before the statutory ten-year redemption period had expired was pre
• Pratt v. Pope
  78 Fla. 270· Fla.· 1919-08-04 ·cited 5×
  This case concerns the validity of a tax deed issued without proper notice to the property owner. The court held that the tax deed was invalid because the Clerk of the Circuit Court failed to exercise due diligence in ascertaining and mailing the notice of application for the tax
• Abe Saada and Regina S. Saada v. Dawson
  573 So. 2d 1008· Fla. 4th DCA· 1991-01-30 ·cited 4×
  A tax deed is invalid if the clerk fails to comply with the statutory requirement for attempting personal service of the notice of sale on resident owners.
• Kovaleski v. Tallahassee Title Co. & St. Paul Fire & Marine Ins. Co.
  391 So. 2d 315· Fla. 1st DCA· 1980-12-11 ·cited 4×
  Kovaleski purchased a tax deed at public auction and later paid the record titleholders Shaw and Chestnut $6,000 to clear title, then sued the title abstractor for negligently omitting their names from the title search report. The court held that because Kovaleski's tax deed was
• United States v. 88.28 Acres OF Land
  608 F.2d 708· 7th Cir.· 1979-11-07 ·cited 4×
  The dismissal of parties claiming an interest in condemned land without determining their interest was error, but did not prejudice their substantial rights, thus the judgment is affirmed.
• Wernle v. Bellemead Dev. Corp.
  308 So. 2d 97· Fla.· 1975-01-29 ·cited 4×
  The Florida Supreme Court upheld the constitutionality of two 1930s special acts authorizing Volusia County to cancel delinquent tax certificates in exchange for land conveyances to the Board of Forestry. The Court affirmed that a tax deed issued to Wernle was void because the un
• Central Holmes v. Kiser
  138 So. 2d 782· Fla. 1st DCA· 1962-03-01 ·cited 4×
  A Florida appellate court reversed a lower court decree granting a writ of possession based on a tax deed, holding that the tax deed was void both for vague and ambiguous property description and for the clerk's failure to comply with statutory notice requirements. The decision u
• Lou Angel Burton v. Martin OIL Serv.
  295 F.2d 679· 7th Cir.· 1961-10-26 ·cited 4×
  The court held that a statute of limitations cannot be used affirmatively to assert a claim or divest title when it is intended to bar defenses.
• Comi v. M & M Corp.
  148 Fla. 422· Fla.· 1941-11-04 ·cited 4×
  The court held that the tax deed's property description was sufficiently certain to be valid, interpreting abbreviations and symbols to effectuate the conveyance.
• Haskins v. Roseberry
  119 F.2d 803· 9th Cir.· 1941-05-07 ·cited 4×
  The court held that the Nevada statute barring actions for recovery of lands sold for taxes after three years from the deed's delivery applies and bars the receiver's claim.
• Woodman v. Jones
  101 Fla. 177· Fla.· 1931-04-14 ·cited 4×
  Woodman sought to quiet title to real estate based on a tax deed, but the Florida Supreme Court affirmed dismissal of his bill of complaint, holding that equity courts cannot maintain suits solely to validate tax deeds against former record titles without evidence that the record
• Johnston v. Ellsworth Tr. Co.
  63 Fla. 443· Fla.· 1912-01-01 ·cited 4×
  A Florida property owner in continuous possession challenged tax deeds issued against her property while she remained in adverse possession, claiming the tax assessment was illegal and wrongful. The court held that a statute of limitations for setting aside tax deeds does not app
• Ellison S. Keitt v. Spencer
  19 Fla. 748· Fla.· 1883-01-01 ·cited 4×
  This case concerns a plaintiff's right to have jury instructions considered by the judge. The appellate court reversed the lower court's judgment because the judge improperly refused to rule on the plaintiff's requested jury instructions, thereby denying the plaintiff a legal rig
• Skinner v. Simms
  355 So. 2d 448· Fla. 1st DCA· 1978-02-14 ·cited 3×
  The tax deed is void because the property was subjected to a double assessment and taxes were paid on the parcel before the tax sale.
• W. C. & A. N. Miller Dev. Co. v. Emig Props. Corp.
  D.D.C.· 1943-02-01 ·cited 3×
  The court held that the tax deed to the defendant was valid because the property was assessed in the name of the tax title holder and the sale complied with applicable statutes, despite plaintiff's claims of procedural irregularities.
• Ocean Beach Improvement Co. & Edward E. Stevens v. Jenkins
  142 Fla. 273· Fla.· 1940-03-19 ·cited 3×
  The Florida Supreme Court affirmed the dismissal of a bill to cancel tax certificates and a master's deed obtained by S. J. Jenkins through tax foreclosure proceedings. The court held that the tax certificates were properly obtained and enforceable as a lien despite minor discrep
• Watson v. Beacon Operating Co.
  114 Fla. 773· Fla.· 1934-05-14 ·cited 3×
  The Florida Supreme Court upheld a tax deed based on a tax sale conducted in 1930, holding that statutory notice requirements for tax sales require publication once each week for four consecutive weeks, but do not mandate a minimum 28-day period between first publication and sale
• Price v. Gray
  111 Fla. 1· Fla.· 1932-09-24 ·cited 3×
  In this ejectment action, the Florida Supreme Court reversed a directed verdict for the plaintiff based on an invalid tax deed, holding that 1925 legislative acts cured prior defects in tax assessment procedures and that the trial judge misapplied the law in invalidating the defe
• Richards v. Morris
  39 Fla. 205· Fla.· 1897-01-01 ·cited 3×
  The Florida Supreme Court reversed a lower court decision that overruled a demurrer to a bill filed by executors seeking to remove tax deeds from property. The court held that executors must allege possession of the land at the time of filing the bill to maintain such an action,
• Crane v. Martin
  741 So. 2d 1251· Fla. 1st DCA· 1999-10-06 ·cited 2×
  A tax deed is not invalidated by the omission of a co-owner's name from the published notice if statutory mailing notice requirements were met, and the failure to send notice to the owner's residence does not affect validity if the clerk complied with notice provisions.
• Adams v. T.A. Adams, Jr.
  512 So. 2d 1150· Fla. 1st DCA· 1987-09-24 ·cited 2×
  Harold J. Adams and Lovedia Buresh appealed the trial court's judgment in favor of defendants in an action to quiet title to 60 acres of property. The court reversed, holding that the defendants' acquisition of a tax deed through a third party was invalid as to co-tenants and tha
• Kron v. First Fed. Sav. & Loan Ass'n OF Hattiesburg
  449 F.2d 865· 5th Cir.· 1971-10-25 ·cited 2×
  A tax deed is void as to lienors if the Chancery Clerk fails to provide statutory notice of redemption period expiration.
• Griffin Lowman v. Sid Young and Grace Young
  212 So. 2d 88· Fla. 1st DCA· 1968-06-26 ·cited 2×
  Griffin Lowman appealed a summary judgment that invalidated his tax deed and ordered foreclosure of a mortgage held by Home Finance Company. The trial court held the tax deed void based on alleged statutory violations in the tax certificate sale process, but the appellate court r
• A. R. Stewart and wife v. Vartan Gadarian
  141 So. 2d 289· Fla. 1st DCA· 1962-05-22 ·cited 2×
  A tax deed is void if notice of application is not published in substantial compliance with statutory requirements, leading to reversal of a decree quieting title in the tax deed holder.
• Voyd Garner v. Sid Larkin
  132 So. 2d 298· Fla. 2d DCA· 1961-08-16 ·cited 2×
  In this ejectment action, the court held that the defendant's tax deed was void because the plaintiff had paid all taxes on the property before the tax sale that generated the defendant's title, and a tax sale conducted when taxes have been prepaid confers no valid title on the p
• Berger v. The City OF Coral Gables
  101 So. 2d 396· Fla. 3d DCA· 1958-03-06 ·cited 2×
  Dora Berger appealed the dismissal of her suit to enjoin the City of Coral Gables from using a street that she claimed to own based on a tax deed. The court affirmed the dismissal, holding that a public easement acquired through over 36 years of continuous public use took priorit
• Johnson v. Taggart
  92 So. 2d 606· Fla.· 1957-02-20 ·cited 2×
  In this tax deed dispute, the Florida Supreme Court held that a county tax deed is valid when the clerk complies with statutory publication requirements, even if the newspaper has limited circulation in the area where the property is located. The court rejected the property owner
• Bentley v. Rosebud Cnty.
  230 F.2d 1· 9th Cir.· 1956-02-01 ·cited 2×
  A tax deed is invalid if the county treasurer lacks jurisdiction due to insufficient affidavits showing compliance with statutory notice requirements. A prior quiet title judgment is not a bar if the court lacked jurisdiction over a specifically named party.
• Poole v. Devane
  113 Fla. 53· Fla.· 1933-11-26 ·cited 2×
  The Florida Supreme Court reversed the trial court's denial of motions to dismiss and dissolve a temporary injunction in a case where the property owner challenged the validity of tax deeds issued for alleged non-payment of 1925 taxes. The court held that the county commissioners
• Alvord v. Smith
  94 Fla. 994· Fla.· 1927-12-03 ·cited 2×
  This case involves a quiet title action based on a tax deed. The appellate court reversed the lower court's decree quieting title, finding the proceedings flawed and citing previous relevant decisions.
• Fletcher Greer and William Greer v. Farrington
  86 Fla. 243· Fla.· 1923-07-28 ·cited 2×
  The Florida Supreme Court reversed a judgment in an ejectment action, finding that the trial court erred by excluding evidence regarding non-compliance with tax assessment and collection statutes. The case involved a tax deed issued by the Town of Fort Lauderdale.
• Ewing v. Creary
  81 Fla. 420· Fla.· 1921-03-26 ·cited 2×
  In this ejectment action, the Florida Supreme Court affirmed a judgment for plaintiffs who proved title through a federal patent and sought recovery of mesne profits for timber removed by defendant. The court held that plaintiffs can recover for the value of crude gum extracted f
• The Am. Tr. Co. v. Fennell
  78 Fla. 535· Fla.· 1919-12-08 ·cited 2×
  The Florida Supreme Court reversed a decree removing clouds on title to land, holding that the complainant failed to clearly establish the validity of his own title through tax deed and special master's deed, as required in cloud removal suits.
• Hempel v. Consol. Land Co. & Others
  69 Fla. 277· Fla.· 1915-03-02 ·cited 2×
  Hempel sought to quiet title to land based on a tax deed issued in 1898, but the Florida Supreme Court affirmed dismissal of his bill because the tax deed was issued in violation of statutory notice requirements. The court found that proper notice of the tax deed application was
• Saunders v. Collins
  56 Fla. 534· Fla.· 1908-06-01 ·cited 2×
  Collins sued Saunders for trespass on Collins' land, claiming Saunders' turpentine operation illegally boxed pine trees and extracted gum. The trial court directed a verdict for Collins in the amount of $363, but the Florida Supreme Court reversed, finding the evidence of damages
• Mobley v. Hunt
  722 So. 2d 248· Fla. 2d DCA· 1998-12-09 ·cited 1×
  John Mobley appeals a summary judgment of ejectment in favor of Bill Hunt over disputed real property in Pasco County. The court reversed because material factual disputes existed regarding the validity of Mobley's corrected tax deed and Hunt's title, making summary judgment impr
• Addison v. Benedict
  225 So. 2d 335· Fla. 2d DCA· 1969-07-03 ·cited 1×
  Addison and Futch appealed a quiet title judgment against them after they acquired land from a 1941 Murphy tax deed. The court affirmed, holding that the tax deed conveyed only the title of Tusch (the original tax debtor), not the adjacent properties owned by Benedict and the Bix
• Ashear v. Sklarey
  239 So. 3d 786· Fla. 3d DCA· 2018-03-07
  A tax deed may be vacated if the property owner redeems before the deed's execution and recording, but upon vacation, the purchaser is entitled by statute to reimbursement of all sums paid plus twelve percent annual interest from issuance date. The trial court erred in failing to
• Surna Constr., Inc. v. Stephens
  91 So. 3d 939· Fla. 5th DCA· 2012-07-13
  The court affirmed the trial court's invalidation of the tax deed and denial of rent collection, but reversed the denial of statutory interest owed to the tax deed purchaser under the parties' stipulation and Florida Statutes section 197.602.
• Nourachi v. United States
  655 F. Supp. 2d 1215· M.D. Fla.· 2009-08-19
  The court held that the 1937 deed conveyed all of the Savages' property east of the east meander line of Lake Bryant to the United States, including riparian rights, based on the intent of the parties and established surveying principles.