Ciolli v. City of Palm Bay
59 So. 3d 295
| Fla. Dist. Ct. App. | 2011Background
- Ciolli appeals a final summary judgment foreclosing a Code Enforcement Board lien against his property.
- The Board, on November 12, 2003, found violations and ordered cure within 15 days, with $250 daily fines thereafter.
- City filed a lien in 2004 based on the Board’s order under section 162.09, Florida Statutes (2003).
- Ciolli, a New York resident, was served with the foreclosure complaint in June 2005 and asserted lack of proper notice.
- City moved for summary judgment in 2008; Ciolli countered with an affidavit denying notice.
- In October 2009, City filed an unauthenticated postal receipt claiming notice was delivered to a New York address.
- The trial court granted summary judgment; the court on appeal held material disputes over notice preclude summary resolution.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether proper notice under 162.12 was shown | Ciolli argues notice requirements were met by mailing as per statute. | Ciolli contends notices were not properly sent or received; genuine issues exist. | Disputed factual issue; summary judgment reversed and remanded. |
| Whether an unauthenticated postal receipt can prove notice | Receipt conclusively demonstrates notice. | Unauthenticated, vague receipt cannot establish notice or address validity. | Unauthenticated document is inadequate; cannot defeat defenses. |
| Whether service/address proof supports due process | Certificate of service suffices to show mailing. | No precise address or reliable proof of proper mailing; due process concerns. | Certificate of service insufficient; due process concerns require reversal. |
Key Cases Cited
- Lederer v. Orlando Utils. Comm’n, 981 So.2d 521 (Fla. 5th DCA 2008) (summary judgment burden and de novo review)
- Romeo v. Romeo, 907 So.2d 1279 (Fla. 2d DCA 2005) (unauthenticated evidence not competent for SJ motion)
- Millinger v. Broward County Mental Health Div. & Risk Mgmt., 672 So.2d 24 (Fla. 1996) (due process concerns where administrative order not provided)
- Star Lakes Estates Ass’n., Inc. v. Auerbach, 656 So.2d 271 (Fla. 3d DCA 1995) (proof of mailing must show correct address to create presumption)
- City of Tampa v. Brown, 711 So.2d 1188 (Fla. 2d DCA 1998) (fill gaps in notice procedures with due process considerations)