Dafero Investments, LLC v. Estrella De Oro, LLC
The Third District reversed a summary judgment that had invalidated a tax deed on due process grounds. Where the clerk sent notice by certified and regular mail to both the property and the deed address, had the sheriff attempt service and post notice at both locations, and published notice in a newspaper, the court held constitutional due process was satisfied even though all mailings were returned undelivered. Due process did not require the clerk to search the Florida Division of Corporations website for the titleholder's registered agent.
Key facts
- Dafero Investments, LLC purchased a tax deed to property owned by Estrella De Oro, LLC, a corporation that had not updated its address with the taxing authorities.
- The clerk sent notice of the tax deed application by certified and regular mail to both the property and deed address, the sheriff attempted service and posted notice at both locations, and notice was published in a newspaper; all mailings were returned undelivered.
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Why it matters
This opinion sets a practical ceiling on the 'additional reasonable steps' required by Jones v. Flowers and Delta Property Management: once the clerk has performed every step those cases enumerated, due process is… — full analysis with a trial
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