Alexandria Investments, LLC v. Waterstone Capital, LLC

Summary

The Florida Third District Court of Appeal affirmed the circuit court in a dispute involving the effect of a tax deed on asserted rights or liens, commercial-property caveat emptor, and a claimed private remedy under a Miami-Dade County ordinance. The court relied on Florida Statutes section 197.552, related Florida case law, and the ordinance’s text.

Holdings

1. The court affirmed the lower court, applying section 197.552, Florida Statutes, to conclude that no right, interest, restriction, covenant, or comparable lien at issue survived issuance of the tax deed.
2. The court affirmed application of caveat emptor to the sale of commercial property.
3. The court affirmed without implying a private remedy from the cited statutory provision and applied the cited Miami-Dade County Code liability provision as relevant to the disposition.

Questions Presented

1. Whether the challenged right, interest, restriction, or covenant survived issuance of a tax deed.
2. Whether a lien premised on unpaid association assessments survived issuance of a tax deed.
3. Whether caveat emptor governed the sale of the commercial property.
4. Whether the Miami-Dade County Code provision imposed liability enforceable in the circumstances presented.
5. Whether a private remedy could be implied from the applicable statute.

Disposition

affirmed