5D02-3179 5D03-718 Hutchinson Island Realty v. Babcock Ventures

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State: Florida

Court: Florida Fifth District Court

Docket No: 5D02-3179

Case Date: 02/23/2004

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA JANUARY TERM 2004 FIFTH DISTRICT

HUTCHINSON ISLAND REALTY, INC., ET AL, Appellant, v. CASE NO. 5D02-3179 & 5D03-718

BABCOCK VENTURES, INC., Appellee. ______________________________/ Opinion filed February 27, 2004 Appeal from the Circuit Court for Hernando County, John W. Springstead, Judge. Robert Bruce Snow of Robert Bruce Snow, P.A., Brooksville, Attorney for Appellant. Alan S. Zimmet and Julia Mandell Cole of Zimmet, Unice, Salzman & Feldman, P.A., Clearwater, for Appellee.

PETERSON, J. Hutchinson Island Realty, Inc. et al. ("Hutchinson"), appeals a final judgment in which the title to real property was quieted in favor of Babcock Ventures, Inc. ("Babcock"), who acquired title by a tax deed. Hutchinson acquired a parcel of realty in 1987 by a warranty deed that indicated Hutchinson's address as "1920 Palm Beach Lakes Boulevard, West Palm Beach, Florida" ("West Palm Beach address"). In 1991, it sold a portion of the realty, leaving a remainder of 21.3 acres, the title to which creates the controversy in the instant case ("Property").

Hutchinson also granted a mortgage on the Property to Appellant, T. Brayl Copp ("Copp"), in 1991, and the address shown on the mortgage as Copp's address was also the same West Palm Beach address used by Hutchinson. From 1991 through 1997, Hutchinson received the tax notices in the name of Hutchinson Isle Realty, Inc. at the West Palm Beach address, but failed to pay the real estate taxes on the Property for the tax years 1991 through 1994. A tax certificate holder made an application for a tax deed in 1996, and after the clerk of the circuit court for Hernando County sent a notice of the tax deed application to Hutchinson Isle Realty, Inc. at the West Palm Beach address, Hutchinson paid the outstanding taxes thereby avoiding a tax sale. However, in 1997, after Hutchinson again failed to pay real estate taxes on the Property for the tax year 1996, another tax certificate was issued and that holder applied later for a tax deed.1 When the tax certificate holder applied for a tax deed sale, the tax collector engaged a private firm, Accu-Search Title Examination ("Accu-Search"), to conduct a title search. Following the title search, the tax collector prepared a statement as required by section 197.502(4), Florida Statutes (2000), and forwarded it to the clerk of court for the purpose of giving notice to the title and lienholders so that the sale may be conducted. The tax collector's statement: 1. Described the property as "21.3 Acres MOL in SE 1/4 Lying E of Springwood Est. & N of Spring Hill Blvd.;" 2. Named the apparent title holder as "Hutchinson Island Realty, Inc.;"

Tax certificate holders must hold the tax certificate for a statutory minimum two-year period before applying for a tax deed.

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