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SOUTHARDS v. MOTEL MANAGEMENT CO.

No. 92-544.

610 So.2d 524 (1992)

Gene SOUTHARDS and Kathleen Southards, husband and wife, Appellants, v. MOTEL MANAGEMENT COMPANY, n/k/a B & M Management Company, Inc., a Florida corporation, Harry F. Knight, Tax Collector, Monroe County, Florida, and J. Thomas Herndon, Executive Director, Department of Revenue, State of Florida, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 26, 1993.

Attorney(s) appearing for the Case

Cullen & Jabro and Russell H. Cullen and John A. Jabro, Key Largo, for appellants.

Robert A. Butterworth, Atty. Gen., and Lee R. Rohe, Asst. Atty. Gen., Tallahassee, Herbert Stettin and Pamela K. Stettin, Miami, for appellees.

Larry E. Levy, Tallahassee, for Property Appraisers' Ass'n of Florida, as amicus curiae.

Before BARKDULL and HUBBART and FERGUSON, JJ.

PER CURIAM.

This is an appeal by the plaintiffs Gene and Kathleen Southards, as class representatives of certain interval owners of a condominium complex, from an adverse final summary judgment in a declaratory decree action challenging the enforceability of tax certificates held by the defendant Motel Management Company. The plaintiffs contend that Section 192.037(2), (7), Florida Statutes (1991) is unconstitutional as applied to this case based on due process and...

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