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WILKINSON v. CLARKE

No. 2D11-3231.

91 So.3d 897 (2012)

Kenneth WILKINSON, as Property Appraiser, and Lisa Echeverri, n/k/a Lisa Vickers, as Executive Director of the Department of Revenue, Appellants, v. Susanne L. CLARKE, as Trustee of the Francis Hine Low Family Trust dated May 23, 1995, and Cathy Curtis, as Tax Collector, Appellees.

District Court of Appeal of Florida, Second District.

June 29, 2012.

Attorney(s) appearing for the Case

John J. Renner , General Counsel, Lee County Property Appraiser, Fort Myers, for Appellant Kenneth Wilkinson, as Property Appraiser.

Pamela Jo Bondi , Attorney General, and Joseph C. Mellichamp, III , Chief Assistant Attorney General, Revenue Litigation Bureau, and Courtney Brewer , Deputy Solicitor General, Office of the Attorney General, Tallahassee, for Appellant Lisa Echeverri n/k/a Lisa Vickers, as Executive Director of the Department of Revenue.

J. Travis Godwin and Jessica D. Dareneau of Weekley Schulte Valdes, LLC, Tampa, for Appellee Susanne L. Clarke, as Trustee of the Francis Hine Low Family Trust dated May 23, 1995.

No appearance for Appellee Cathy Curtis, as Tax Collector.

KHOUZAM, Judge.

The Lee County Property Appraiser and Florida Department of Revenue appeal an order granting final summary judgment in favor of the Francis Hine Low Family Trust. Because the trial court lacked jurisdiction to enter the order, we reverse.

In May 2010 the Trustee of the Francis Hine Low Family Trust sued the Lee County Property Appraiser, the Lee County Tax Collector, and the Florida Department of Revenue, alleging that the 2009 ad valorem assessment...

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