HIGGS v. KLOCK

No. 3D03-2017.

873 So.2d 591 (2004)

Ervin A. HIGGS, Monroe County Property Appraiser, Appellant, v. Joseph P. KLOCK, Jr., as Personal Representative of the Estate of Richard A. Heyman, Deceased, Appellee.

District Court of Appeal of Florida, Third District.

May 26, 2004.


Attorney(s) appearing for the Case

John C. Dent, Jr., and Sherri L. Johnson, for appellant.

Steel Hector & Davis and Joseph P. Klock, Jr., for appellee.

Before SCHWARTZ, C.J., and SHEVIN and WELLS, JJ.


SCHWARTZ, Chief Judge.

This case began when an estate which owns Monroe County real property sued the appraiser to reduce its 1999 tax assessment. In due course, the trial court found in its favor on the merits. On rehearing, however, the action was concededly-properly-dismissed for lack of subject matter jurisdiction because the taxpayer did not pay the 2000 and 2001 taxes as required by section 194.171(5), Florida Statutes (2002). See Bystrom v. Diaz,

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