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Ocean 80 Resort Homeowners v. Knight

District Court of Appeal of Florida, Third District
Mar 5, 1994
633 So. 2d 63 (Fla. Dist. Ct. App. 1994)

Opinion

No. 93-2221.

February 15, 1994. Rehearing Denied March 5, 1994.

Appeal from the Circuit Court, Monroe County, J. Jefferson Overby, J.

Cullen Jabro and John Jabro, Key Largo, for appellants.

Herbert Stettin and Pamela K. Stettin, Miami, Lee Rohe, Tallahassee, for appellees.

Before SCHWARTZ, C.J., and HUBBART and GODERICH, JJ.


The individual time-share unit owners who were denied the right to separate billing and payment of their property taxes by our decision in Southards v. Motel Management Co., 610 So.2d 524 (Fla. 3d DCA 1992), review denied, 620 So.2d 762 (Fla. 1993), cert. denied, ___ U.S. ___, 114 S.Ct. 303, 126 L.Ed.2d 251 (1993), now claim the right to partially redeem the tax certificate issued for nonpayment of taxes on the entire building. It is obvious that the recognition of such a right of redemption would run directly counter to the policy and practice of single project taxation required by section 192.037, Florida Statutes (1991) and upheld in Southards. Moreover, section 197.472(8), Florida Statutes (1991) expressly provides that the ability to make a "partial" redemption does not apply to time-share collections made pursuant to section 192.037, Florida Statutes. Accordingly, we affirm the denial of an injunction precluding the sale of the tax deed for the entire property on the authority of Southards and section 197.472(8).

Affirmed.


Summaries of

Ocean 80 Resort Homeowners v. Knight

District Court of Appeal of Florida, Third District
Mar 5, 1994
633 So. 2d 63 (Fla. Dist. Ct. App. 1994)
Case details for

Ocean 80 Resort Homeowners v. Knight

Case Details

Full title:OCEAN 80 RESORT HOMEOWNERS ASSOCIATION, INC., A FLORIDA NON-PROFIT…

Court:District Court of Appeal of Florida, Third District

Date published: Mar 5, 1994

Citations

633 So. 2d 63 (Fla. Dist. Ct. App. 1994)