Florida Regulations 12D-1.007: Legal Proceedings Involving Appraisers
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(1) All property appraisers involved in any way in legal proceedings in their official capacity shall, upon receipt of process, immediately furnish a copy of the initial pleading in the case to the Department, even if the Department is named as a party to the proceedings. Each appraiser shall thereafter furnish a copy of the answer filed in response to the initial pleading, any counter or cross-claims and replies thereto, and the final judgment in the proceedings to the Department.
(2) At the same time the initial pleading is furnished to the Department, the property appraiser shall advise the Department of the assessed valuation of the property in issue if the same is not stated in the initial pleading.
(3) For purposes of subsections (1) and (2) above, “”pleadings”” are defined as the complaint or petition, the answer to it, an answer to it, an answer to a counterclaim stated as such, an answer to a cross-claim if the answer contains a cross-claim, a third party complaint and answer if a person who was not an original party is summoned as a third party defendant and notices of appeal to higher courts from decisions of the Circuit Courts.
(4) A property appraiser involved in any way in an appeal from the decision of a court, shall promptly notify the Department of the existence of said appeal and shall briefly inform the Department of the legal issues involved in the appeal. The property appraiser shall advise the Department as to the date set for oral argument in the cause and shall furnish the Department all rendered judgments, decisions, orders, or decrees made in such cases. Upon request by the Department, the property appraiser shall furnish all pleadings filed, served, or introduced in the appellate proceedings. Such pleadings shall include but, shall not be limited to, assignments of error, briefs, notions and petitions.
Rulemaking Authority 195.027(1) 213.06(1) FS. Law Implemented 194.181, 195.027, 195.092 FS. History-New 10-12-76, Formerly 12D-1.07.
Terms Used In Florida Regulations 12D-1.007
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
(3) For purposes of subsections (1) and (2) above, “”pleadings”” are defined as the complaint or petition, the answer to it, an answer to it, an answer to a counterclaim stated as such, an answer to a cross-claim if the answer contains a cross-claim, a third party complaint and answer if a person who was not an original party is summoned as a third party defendant and notices of appeal to higher courts from decisions of the Circuit Courts.
(4) A property appraiser involved in any way in an appeal from the decision of a court, shall promptly notify the Department of the existence of said appeal and shall briefly inform the Department of the legal issues involved in the appeal. The property appraiser shall advise the Department as to the date set for oral argument in the cause and shall furnish the Department all rendered judgments, decisions, orders, or decrees made in such cases. Upon request by the Department, the property appraiser shall furnish all pleadings filed, served, or introduced in the appellate proceedings. Such pleadings shall include but, shall not be limited to, assignments of error, briefs, notions and petitions.
Rulemaking Authority 195.027(1) 213.06(1) FS. Law Implemented 194.181, 195.027, 195.092 FS. History-New 10-12-76, Formerly 12D-1.07.