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HADDOCK v. CARMODY

No. 1D08-241.

1 So.3d 1133 (2009)

Greg HADDOCK, Nassau County Property Appraiser, and James Zingale, Executive Director of the State of Florida Department of Revenue, Appellants, v. Thomas W. CARMODY, Trustee, and Thomas J. Carmody, Trustee for the Mary K. Carmody Qualified Personal Residence Trust created January 31, 1999, Appellees.

District Court of Appeal of Florida, First District.

January 21, 2009.

Attorney(s) appearing for the Case

Loren E. Levy and Ana C. Torres of The Levy Law Firm, Tallahassee, for Appellants.

Arthur I. Jacobs and Richard J. Scholz of Jacobs & Associates, P.A., Fernandina Beach; Stephen H. Durant of Durant & Schoeppel, P.A., Jacksonville, for Appellees.

THOMAS, J.

Appellants challenge the trial court's final judgment finding section 196.061, Florida Statutes (2005), unconstitutional as applied to Appellees, and its order granting Appellees a homestead tax exemption for 2003, 2004, and 2005. Because we find the trial court erred in finding section 196.061, Florida Statutes, unconstitutional as applied to Appellees, we reverse. Further, we hold that, under section 196.061, Florida Statutes, Appellees rented their entire...

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