May 2, 2006
John Vosilla, et al. v. Julio Rosada, et al.
Case Number(s):
SC05-1778
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Transcript:

Summary:

This case involves a conflict between the Second and Fifth District Courts of Appeal on
the issue of whether compliance with the statutory notice provisions of chapter 197,
Florida Statutes, satisfies constitutional due process requirements where notice of a tax
deed sale is mailed to the legal titleholder at the wrong address. The titleholders argue that their due process rights were violated because the clerk of court mailed the notice
to their previous address despite the fact that they notified both the tax collector and the
clerk of their new address. The trial court disagreed and ruled against the titleholders.
On appeal, the Fifth District reversed and held that the notice given did not satisfy
constitutional due process requirements. The Fifth District also certified conflict with a
decision of the Second District in which that court had reached a contrary conclusion.