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SACCULLO v. U.S. OF AMERICA

No. 17-14546.

913 F.3d 1010 (2019)

Mark A. SACCULLO, as Successor Trustee of the Anthony L. Saccullo Irrevocable Trust for the benefit of Mark A. Saccullo, Plaintiff-Counter Defendant-Appellant, Dorothy A. Saccullo, Counter Defendant-Appellant, Tax Collector of Charlotte County, Florida, Counter Defendant, v. UNITED STATES OF AMERICA, Defendant-Counter Claimant-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 11, 2019.

Attorney(s) appearing for the Case

David William Smith , Law Office of David W. Smith, SARASOTA, FL, for Plaintiff-Appellant.

David William Smith , Law Office of David W. Smith, SARASOTA, FL, for Movant-Appellant.

Paul Andrew Allulis , Julie Ciamporcero Avetta , U.S. Department of Justice, WASHINGTON, DC, Michael J. Haungs , U.S. Department of Justice, WASHINGTON, DC, U.S. Attorney Service — Middle District of Florida, U.S. Attorney's Office, TAMPA, FL, for Defendant-Appellant.

Before MARCUS, NEWSOM, and ANDERSON, Circuit Judges.

One relic of the English legal tradition holds that, as a general matter, the sovereign (here, the United States) is not bound by statutes of limitation or subject to laches. The question before us is how this vestigial rule — nullum tempus occurrit regi, or, as the parties here call it, the "Summerlin"

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