Opinion
April 25, 1950. Rehearing Denied May 24, 1950.
Appeal from the Circuit Court for Broward County, C.E. Chillingworth, J.
J.A. Fitzsimmons, Fort Lauderdale, for appellant.
Maurer, Maurer Maurer, Fort Lauderdale, for appellee.
In 1918 Lot 22, Block 1, Pinehurst, Broward County was conveyed to appellant by warranty deed. In December 1943, appellee acquired title to the same land by tax deed and subsequently instituted this suit to quiet her title. There was an answer to the bill of complaint, and on final hearing, a decree was entered for the plaintiff. The defendant appealed.
The crucial point in the case is whether or not mailing copy of the published notice of application for tax deed to the owner or to the party last paying taxes on the land or the execution of an affidavit reciting the reasons for failure to do so as required by Chapter 22079, Acts of 1943, amending Chapter 20722, Acts of 1941, F.S.A. § 192.21 seq., is mandatory and jurisdictional.
In Heinberg v. Andress, Fla., 45 So.2d 488, we were confronted with the identical question and by unanimous opinion we gave it an affirmative answer, so the case at bar is reversed on authority of Heinberg v. Andress, last cited.
Reversed.
ADAMS, C.J., and CHAPMAN, THOMAS, SEBRING, HOBSON and ROBERTS, JJ., concur.