(Download) "Wallace v. Department of Revenue" by Florida Court of Appeal # Book PDF Kindle ePub Free
eBook details
- Title: Wallace v. Department of Revenue
- Author : Florida Court of Appeal
- Release Date : January 22, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Frank I. Massey and Stephen W. Massey (the Masseys) seek a petition for writ of certiorari to quash an order of the circuit court acting in its appellate capacity. The circuit court order affirmed an order issued by Charlotte Countys Code Enforcement Board imposing a lien in the amount of $10,240.90 on property owned jointly by the Masseys. Because the Code Enforcement Board denied the Masseys procedural due process and the circuit court applied the incorrect law in determining otherwise, we grant the petition. See, e.g., Maple Manor, Inc. v. City of Sarasota, 813 So. 2d 204 (Fla. 2d DCA 2002) (granting certiorari because circuit court applied incorrect law in holding that nuisance board proceedings provided appropriate due process). Although we do not mandate any specific procedure for the Code Enforcement Board to follow in imposing liens upon property for code violations, when the imposition of a lien requires additional factual findings, due process requires some predeprivation or post-deprivation process for the property owner to test the validity of those findings.
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