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COLLINS INVESTMENT CO. v. METROPOLITAN DADE COUNTY

No. 32644.

164 So.2d 806 (1964)

COLLINS INVESTMENT CO., a Florida corporation, Appellant, v. METROPOLITAN DADE COUNTY, a political subdivision of the State of Florida, Board of County Commissioners, elected governing body of Metropolitan Dade County, Florida, Irving G. McNayr, as County Manager of Metropolitan Dade County, Florida, and Ray E. Green, Comptroller of the State of Florida, Appellees.

Supreme Court of Florida.

Rehearing Denied March 31, 1964.

Attorney(s) appearing for the Case

Leonard D. Baskin, Miami, for appellant.

Darrey A. Davis, County Atty., and Thomas C. Britton, Asst. County Atty., for appellees.

THORNAL, Justice.

By direct appeal we have for review a final decree of a chancellor expressly upholding the validity of Section 196.01, Florida Statutes, F.S.A.

We must decide whether an ad valorem taxpayer who complains against an alleged excessive assessment must deposit with his complaint the amount of taxes admitted to be legally due.

On November 29, 1962, appellant Collins Investment Co., filed its complaint. It attacked

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