Preview
Filing # 37171487 E-Filed 01/29/2016 10:32:58 AM
IN THE CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT, IN AND
FOR PALM BEACH COUNTY, FLORIDA.
AVRAHAM AVIDAN and JOY AVIDAN,
individuals,
Plaintiff,
vs. CASE NO. 502015CA013329XXXXMB(AN)
PY
GARY R. NIKOLITS, as Property Appraiser
for Palm Beach County, Florida; ANNE M.
GANNON, as Tax Collector for Palm Beach
CO
County, Florida; and MARSHALL
STRANBURG, as Executive Director of the
Florida Department of Revenue,
D
Defendants.
_______________________________________ /
IE
AGREED ORDER ON PLAINTIFFS’ MOTION FOR LEAVE TO AMEND
FIRST AMENDED COMPLAINT BY INTERLINEATION
IF
THIS CAUSE came before the Court upon Plaintiffs’ Motion for Leave to Amend First
RT
Amended Complaint by Interlineation (the “Motion”). This Court has reviewed the Motion, the
CE
file, and has been advised that the parties agree to entry of this Order, and being otherwise
advised in the premises, it is accordingly:
A
ORDERED AND ADJUDGED that:
T
1. The Motion is GRANTED.
O
2. Paragraph 26 of Plaintiffs’ First Amended Complaint is amended by interlineation
N
to remove the phrase “the year following the year the nonhomestead residential property became
eligible for assessment,” and to replace the reference to “Section 193.1554(3)” with “Section
193.1554(5).”
3. Paragraph 26 of Plaintiffs’ First Amended Complaint now alleges:
FILED: PALM BEACH COUNTY, SHARON R. BOCK, CLERK, 01/29/2016 10:32:58 AM
CASE NO. 502015CA013329XXXXMB(AN)
26. Plaintiffs acquired the Property in June 2013. In 2014, the
Property was reassessed to just value pursuant to Section 193.1554(5),
Florida Statutes. As of January 1, 2014, the assessed value of the Property
was $1,150,000, which was also its just value.
4. The Answers to the First Amended Complaint filed by Defendants GARY R.
NIKOLITS, as Property Appraiser for Palm Beach County, Florida and MARSHALL
STRANBURG, as Executive Director of the Florida Department of Revenue, respectively, shall
PY
stand as filed. Defendant ANNE M. GANNON, as Tax Collector for Palm Beach County,
CO
Florida has been excused from responding to pleadings in this action by prior Order.
DONE AND ORDERED in Palm Beach County, West Palm Beach, Florida, this 29th
D
day of January, 2016.
IE
IF
RT
CE
HONORABLE CHERYL A. CARACUZZO
CIRCUIT JUDGE
A
SERVICE LIST
T
Matthew R. Chait, Esq. Neil B. Jagolinzer, Esq.
O
Jamie B. Wasserman, Esq. Jay R. Jacknin, Esq.
Shutts & Bowen LLP c/o Property Appraiser’s Office
N
525 Okeechobee Boulevard, Suite 1100 Governmental Center - Fifth Floor
West Palm Beach, FL 33401 301 North Olive Avenue
mchait@shutts. com West Palm Beach, Florida 33401
jwasserman@shutts.com neil@j nj law.net
aromero@shutts.com tllewis@pbcgov.org
aarce@shutts.com
2
CASE NO. 502015CA013329XXXXMB(AN)
Robert P. Elson, Esq. Orfelia M. Mayor, Esq.
Office of the Attorney General Office of the Tax Collector
Revenue Litigation Bureau P. O. Box 3715
PL-01, The Capitol West Palm Beach, Florida 33402-3715
Tallahassee, Florida 32399-1050 OMayor@pbctax.com
robert.elson@myfloridalegal.com legalservices@pbctax.com
lisa.ryder@myfloridalegal.com
j on. annette@myfloridale gal, com
PY
CO
D
IE
IF
RT
CE
A
T
O
N
3
Preview
Filing # 37171487 E-Filed 01/29/2016 10:32:58 AM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA. AVRAHAM AVIDAN and JOY AVIDAN, individuals, Plaintiff, vs. CASE NO. 502015CA013329XXXXMB(AN) PY GARY R. NIKOLITS, as Property Appraiser for Palm Beach County, Florida; ANNE M. GANNON, as Tax Collector for Palm Beach CO County, Florida; and MARSHALL STRANBURG, as Executive Director of the Florida Department of Revenue, D Defendants. _______________________________________ / IE AGREED ORDER ON PLAINTIFFS’ MOTION FOR LEAVE TO AMEND FIRST AMENDED COMPLAINT BY INTERLINEATION IF THIS CAUSE came before the Court upon Plaintiffs’ Motion for Leave to Amend First RT Amended Complaint by Interlineation (the “Motion”). This Court has reviewed the Motion, the CE file, and has been advised that the parties agree to entry of this Order, and being otherwise advised in the premises, it is accordingly: A ORDERED AND ADJUDGED that: T 1. The Motion is GRANTED. O 2. Paragraph 26 of Plaintiffs’ First Amended Complaint is amended by interlineation N to remove the phrase “the year following the year the nonhomestead residential property became eligible for assessment,” and to replace the reference to “Section 193.1554(3)” with “Section 193.1554(5).” 3. Paragraph 26 of Plaintiffs’ First Amended Complaint now alleges: FILED: PALM BEACH COUNTY, SHARON R. BOCK, CLERK, 01/29/2016 10:32:58 AM CASE NO. 502015CA013329XXXXMB(AN) 26. Plaintiffs acquired the Property in June 2013. In 2014, the Property was reassessed to just value pursuant to Section 193.1554(5), Florida Statutes. As of January 1, 2014, the assessed value of the Property was $1,150,000, which was also its just value. 4. The Answers to the First Amended Complaint filed by Defendants GARY R. NIKOLITS, as Property Appraiser for Palm Beach County, Florida and MARSHALL STRANBURG, as Executive Director of the Florida Department of Revenue, respectively, shall PY stand as filed. Defendant ANNE M. GANNON, as Tax Collector for Palm Beach County, CO Florida has been excused from responding to pleadings in this action by prior Order. DONE AND ORDERED in Palm Beach County, West Palm Beach, Florida, this 29th D day of January, 2016. IE IF RT CE HONORABLE CHERYL A. CARACUZZO CIRCUIT JUDGE A SERVICE LIST T Matthew R. Chait, Esq. Neil B. Jagolinzer, Esq. O Jamie B. Wasserman, Esq. Jay R. Jacknin, Esq. Shutts & Bowen LLP c/o Property Appraiser’s Office N 525 Okeechobee Boulevard, Suite 1100 Governmental Center - Fifth Floor West Palm Beach, FL 33401 301 North Olive Avenue mchait@shutts. com West Palm Beach, Florida 33401 jwasserman@shutts.com neil@j nj law.net aromero@shutts.com tllewis@pbcgov.org aarce@shutts.com 2 CASE NO. 502015CA013329XXXXMB(AN) Robert P. Elson, Esq. Orfelia M. Mayor, Esq. Office of the Attorney General Office of the Tax Collector Revenue Litigation Bureau P. O. Box 3715 PL-01, The Capitol West Palm Beach, Florida 33402-3715 Tallahassee, Florida 32399-1050 OMayor@pbctax.com robert.elson@myfloridalegal.com legalservices@pbctax.com lisa.ryder@myfloridalegal.com j on. annette@myfloridale gal, com PY CO D IE IF RT CE A T O N 3