SC09-2075 – Delta Property Management, Etc. v. Profile Investments, Inc., Et Al.

State: Florida

Docket No: SC09-2075

Case Date: 03/08/2012

Preview:Supreme Court of Florida
____________ No. SC09-2075 ____________ DELTA PROPERTY MANAGEMENT, etc., Petitioner, vs. PROFILE INVESTMENTS, INC., et al., Respondents.

[March 8, 2012]

CANADY, C.J. This case presents the latest round in protracted litigation regarding the validity of a tax deed. Delta Property Management seeks review of Profile Investments, Inc. v. Delta Property Management, Inc. (Delta V), 19 So. 3d 1013 (Fla. 1st DCA 2009), in which the First District Court of Appeal reversed a summary judgment voiding a tax deed and quieting title to certain real property in Delta. In its decision, the First District concluded that because Delta had not previously argued--in an earlier round of litigation which resulted in an appeal-- that once notice sent by certified mail was returned undeliverable the Clerk of the

Circuit and County Courts for Duval County was required to take additional steps to provide notice to the property owner of the tax sale, the trial court was bound by the law of the case and therefore erred in applying Jones v. Flowers, 547 U.S. 220 (2006), and Vosilla v. Rosado, 944 So. 2d 289 (Fla. 2006), cases which recognized the due process requirements for adequate notice of an impending tax sale. The First Districts conclusion that a question of law not litigated on appeal may constitute the law of the case expressly and directly conflicts with Florida Department of Transportation v. Juliano, 801 So. 2d 101, 107 (Fla. 2001), which held that the law-of-the-case doctrine "bars consideration only of those legal issues that were actually considered and decided in a former appeal." We have jurisdiction. See art. V,

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