January 20, 2010…Delta Property Management, Inc., represented by Hargrove Pierson & Brown, has filed a jurisdictional brief in the Florida Supreme Court challenging an appellate court ruling which refused to apply recent precedent both of the United States Supreme Court and the Florida Supreme Court regarding due process safeguards relating to tax sales of real property. Both courts have held that when an owner is in danger of forfeiting property for non-payment of real property taxes, and notice of the tax sale is returned to the county clerk “undelivered,” the clerk must take reasonable steps if practicable to locate the owner. The decision of the First District Court of Appeal in Tallahassee determined that the latest rulings of the higher courts did not serve as binding precedent as the facts giving rise to the case before it predated the new precedent. The forfeiture occurred in Duval County.
The jurisdictional brief can be accessed online at http://www.floridasupremecourt.org/clerk/briefs/2009/2001-2200/09-2075_JurisIni_ada.pdf.
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