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NORTHCUTT v. BALKANY

No. 98-1970.

727 So.2d 382 (1999)

Rod NORTHCUTT, Brevard County Tax Collector, Appellant, v. Caron BALKANY, Trustee, Appellee.

District Court of Appeal of Florida, Fifth District.

March 5, 1999.

Attorney(s) appearing for the Case

Frank J. Griffith, Jr., of Stromire, Bistline, Miniclier & Griffith, Cocoa, for Appellant.

Amicus Curiae for State of Florida, Department of Revenue, Robert A. Butterworth, Attorney General, and Michael R. Kercher, Assistant Attorney General, and Joseph C. Mellichamp, III, Senior Assistant Attorney General, Tax Section, Tallahassee.

Edward C. Tietig, P.A., Palm Bay, for Appellee.

PETERSON, J.

The Brevard County Tax Collector appeals the trial court's determination that tax certificates issued for unpaid ad valorem taxes were unenforceable because the owner of the certificates failed to apply for a tax deed within seven years as prescribed by section 197.482(1), Florida Statutes (1997). The tax collector asserts that the bankruptcy of the owner of the title to the real property encumbered by the certificates tolled the seven year period.

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