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McNAYR v. CRANBROOK INVESTMENTS, INC.

Nos. 62-443, 62-444.

146 So.2d 400 (1962)

Irving G. McNAYR, As County Manager of Dade County, Charged with the Duties and Obligations of the Tax Assessor of Dade County, Florida, et al., and Ray E. Green, As Comptroller of the State of Florida, Appellants, v. CRANBROOK INVESTMENTS, INC., a Florida Corporation, et al. Appellees. Irving G. McNAYR, As County Manager of Dade County, Charged with the Duties and Obligations of the Tax Assessor of Dade County, Florida et al., Appellants, v. CRANBROOK INVESTMENTS, INC., a Florida Corporation, et al. Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied December 3, 1962.

Attorney(s) appearing for the Case

Darrey A. Davis, County Atty., and St. Julien P. Rosemond, Asst. County Atty., for appellants.

Turk & Newman, Miami Beach, for appellees.

Before CARROLL, BARKDULL and HENDRY, JJ.

CARROLL, Judge.

The appellees, the owners of certain real estate in Dade County, sued in equity for reduction of an annual ad valorem tax assessment. Their suit, as required under § 192.21 Fla. Stat., F.S.A., was commenced "within sixty days from the time the assessment shall become final." But they failed to make the state comptroller a party defendant, although by express statutory provision1 the suit could not be maintained without...

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