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MERTZ v. LAKE PADGETT ESTATES EAST ROAD

No. 85-806.

487 So.2d 329 (1986)

Esther M. MERTZ, As Personal Representative for the Estate of Harold E. Mertz, Deceased, Appellant, v. LAKE PADGETT ESTATES EAST ROAD AND BRIDGE DISTRICT; Mike Olson, Tax Collector of Pasco County; Randy Miller, Executive Director of the Department of Revenue, State of Florida; John Ditraglia, Melvin D. Schiller, Clarence Koltun and Bertie Koltun, His Wife, and Simon Merson, Individually and As Representatives of the Defendant Class Composed of All Owners and Holders of Bonds Issued by Lake Padgett Estates Road and Bridge District, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 24, 1986.

Attorney(s) appearing for the Case

Emery H. Rosenbluth, Jr., and Ralph C. Losey of Subin, Shams, Rosenbluth & Moran, P.A., Orlando, for appellant.

J. Bert Grandoff and John W. Bakas, Jr., of Lawson, McWhirter, Grandoff & Reeves, Tampa, for appellee Lake Padgett Estates East Road and Bridge Dist.

David P. Rhodes, of Johnson, Blakely, Pope, Bokor & Ruppel, P.A., Clearwater, for appellees Clarence Koltun and Bertie Koltun, his wife.

LEHAN, Judge.

Plaintiff brings this interlocutory appeal under rule 9.030(b)(1)(B) and 9.130(a)(3)(B), Florida Rules of Appellate Procedure, from a summary judgment in favor of defendants as to two counts of the complaint which seek injunctive relief. Those counts request a declaratory judgment that 1980-82 ad valorem taxes levied by the Lake Padgett Estates East Road and Bridge District against plaintiff's land are invalid because the taxes were levied pursuant to...

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