Third District Court of Appeal
State of Florida
Opinion filed January 27, 2016.
Not final until disposition of timely filed motion for rehearing.
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No. 3D15-1203
Lower Tribunal No. 13-37260
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City of Miami,
Appellant,
vs.
346 NW 29th Street, LLC, and Others Similarly Situated,
Appellees.
An Appeal from the Circuit Court for Miami-Dade County, Rosa I.
Rodriguez, Judge.
Victoria Méndez, City Attorney, Henry J. Hunnefeld, Senior Assistant City
Attorney, and Kerri L. McNulty, Assistant City Attorney, for appellant.
Pardo Gainsburg, Stevan J. Pardo and Nicole R. Rekant, for appellees.
Before WELLS, ROTHENBERG and EMAS, JJ.
WELLS, Judge.
On the City of Miami’s acknowledgement that the application of section
194.171 of the Florida Statutes (the 60-day non-claim period for filing challenges
to tax assessments) would produce the same result as to both the named class
representative and all class members in this action, we affirm the Order Granting
Class Certification. In doing so, we do not address the trial court’s factual or legal
determinations as to the applicability of either section 194.171 or section 95.11 of
the Florida Statutes, as we find any such determinations premature to the question
at hand. Accordingly, we affirm this order certifying a class without prejudice to
the City’s right to assert these statutory provisions as a bar to recovery, and to
make a full record regarding same in the proceedings to follow, as to both the class
representative and each class member.
Affirmed.
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