Request Take Judicial Notice Sample

IN THE CIRCUIT COURT IN AND FOR ESCAMBIA COUNTY, FLORIDA
1108 ARIOLA, LLC, et al.,
Plaintiffs
vs. CASE NO: 2004-CA-002290

DIVISION: J
CHRIS JONES, PROPERTY
APPRAISER FOR ESCAMBIA COUNTY,
FLORIDA, and JANET HOLLEY, TAX
COLLECTOR FOR ESCAMBIA COUNTY,
FLORIDA,
Defendants.
________________________________/
PLAINTIFFS' REQUEST FOR COURT TO TAKE JUDICIAL NOTICE
Pursuant to the applicable provisions of Chapter 90, Florida Statutes
(2005), Plaintiffs request that this Court take judicial notice of the following
matters:
(1) The deed from the United States of America to Escambia County,
State of Florida, dated January 15, 1947, and recorded in Deed Book 248 at
Page 161 of the public records of Escambia County, Florida, which deed
conveyed title to a portion of Santa Rosa Island, including Pensacola Beach, to
Escambia County, Florida.
(2) The leases from Santa Rosa Island Authority ("SRIA") through
which the Plaintiffs derive their leasehold interests in the properties on Pensacola
Beach.
(3) Resume of the meeting of the Property Appraisal Adjustment Board
held on March 19, 1981.
1
(4) The decision of the Property Appraisal Adjustment Board denying
the petition of Ruepert D. Bryan and the "Findings of Fact; Conclusions of Law"
supporting the Board's decision.
(5) The pleadings and proceedings in the case of R.D. Bryan, et al. v.
Matt Langley Bell, III, Tax Collector for Escambia County, Florida, et al., Circuit
Court in and for Escambia County, Case No: 84-1911-CA-01, including:
a) The complaint of plaintiffs.
b) The memorandum filed on behalf of the defendant tax
collector in opposition to plaintiffs' motion for summary
judgment.
c) The transcript of the hearing before Judge John Parnham on
the defendant tax collector's motion to dismiss for failure to
join an indispensable party.
d) The Summary Final Judgment entered in the case by Judge
John Parnham.
(6) The opinions issued by the First District Court of Appeal in Bell v.
Bryan, 505 So.2d 690 (Fla. lst DCA 1987), rev. den., 513 So.2d 1060 (Fla. 1987),
and the motions filed with the Court, including:
a) The initial opinion issued by the Court.
b) The motion for rehearing, rehearing en banc or certification
filed on behalf of the appellants.
c) The substitute opinion issued by the Court.
2
(7) The pleadings and proceedings in the case of Matt Langley Bell, III,
Tax Collector for Escambia County, Florida v. R.D. Bryan, et al., Circuit Court in
and for Escambia County, Case No: 86-678-CA-01, including:
a) The initial complaint of the tax collector.
b) The motion to intervene filed on behalf of John R. Jones, as
property appraiser for Escambia County, Florida.
c) The order granting the property appraiser's motion to
intervene.
d) Judge M.C. Blanchard's order dismissing the complaint but
allowing the plaintiffs leave to amend.
e) The amended complaint of the tax collector.
f) The memorandum filed on behalf of the tax collector in
opposition to the leaseholders' motion to dismiss the
amended complaint.
g) Judge M.C. Blanchard's Final Judgment of dismissal.
(8) The opinion issued by the First District Court of Appeal in Bell v.
Bryan, 519 So.2d 1024 (Fla. lst DCA 1988).
(9) The proceedings in the case of Lewis Y. and Betty T. Ward, et al. v.
Gregory S. Brown, Property Appraiser of Santa Rosa County, Florida, et al.,
Circuit Court in and for Santa Rosa County, Case No: 01-892-CA-01-DJ,
including:
3
a) Judge Paul Rasmussen's Order Granting Defendants'
Amended Motion for Summary Judgment and Entry of Final
Summary Judgment.
b) Transcription of the hearing on the parties counter motions
for summary judgment.
(10) The opinion issued by the First District Court of Appeal in Ward v.
Brown, 919 So.2d 462 (Fla. lst DCA 2005).
(11) Final Judgment rendered by Judge Tarbuck in Service Metro
Corporation v. Matt Langley Bell, as Tax Collector of Escambia County, Florida, et
al., Circuit Court in and for Escambia County, Case No: 94-1756.
(12) The proceedings in the case of Burklow & Associates, Inc., et al. v.
Gregory Brown, Property Appraiser of Santa Rosa County, Florida, et al., Circuit
Court in and for Santa Rosa County, Case No. 57-2004-985-CA01-OTH-D and the
cases consolidated therewith, including:
a. The complaint filed on behalf of Burklow & Associates, Inc., and
the other named plaintiffs.
b. The answer and affirmative defenses of Defendant Gregory Brown,
Property Appraiser.
c. Memorandum of Law in Opposition to Plaintiffs' Motion for
Summary Judgment.
d. Issues of Law Which Remain for Determination by the Court filed
by counsel on behalf of the Defendants.
4
e. Final Judgment rendered by Judge Paul A. Rasmussen.
(13) The opinion issued by the First District Court of Appeal in Burklow
& Associates, Inc. v. Brown, 931 So.2d 218 (Fla. lst DCA 2006).
(14) Chapter 24,500, Special Acts, Laws of Florida.
(15) Chapter 25,810, Special Acts, Laws of Florida.
(16) Chapter 76-361, Special Acts, Laws of Florida.
(19) The policies adopted by the Santa Rosa Island Authority, including:
a) General lease policy applicable to all new leases, and
existing leases/modifications.
b) Hurricane Ivan Damage Restoration Policy.
c) Lease Enforcement Alternative Policy.
d) Notification Policy.
e) Policy providing for amendment of leases containing
erroneous language regarding vesting of title to improvements on leased
premises.
f) Residential lease policy establishing standard residential
lease and providing for form of residential lease amendments.
(20) Correspondence from the Santa Rosa Island Authority or its legal
counsel to leaseholders deemed to be in violation of terms in their respective
leases.
5
WHEREFORE, Plaintiffs request that this Court take judicial notice of the
foregoing matters.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Plaintiffs'
Request for Court to take Judicial Notice has been furnished to Elliott Messer and
Thomas M. Findley, of Messer, Caparello & Self, P.A., 215 S. Monroe Street, Suite
701, Tallahassee, FL. 32302, by U.S. mail this ___ day of ______________,
2006.
_____________________________
M.J. Menge
Bar No: 54275
Shell, Fleming, Davis & Menge, P.A.
226 South Palafox Street, 9th Floor
Pensacola, Florida 32502
Telephone 850-434-2411
Attorneys for Plaintiffs

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IN THE CIRCUIT COURT IN AND FOR ESCAMBIA COUNTY, FLORIDA

1108 ARIOLA, LLC, et al.,

vs. CASE NO: 2004-CA-002290

PLAINTIFFS' REQUEST FOR COURT TO TAKE JUDICIAL NOTICE

Pursuant to the applicable provisions of Chapter 90, Florida Statutes

conveyed title to a portion of Santa Rosa Island, including Pensacola Beach, to

Escambia County, Florida.

(3) Resume of the meeting of the Property Appraisal Adjustment Board

held on March 19, 1981.

supporting the Board's decision.

Court in and for Escambia County, Case No: 84-1911-CA-01, including:

a) The complaint of plaintiffs.

b) The memorandum filed on behalf of the defendant tax

collector in opposition to plaintiffs' motion for summary

c) The transcript of the hearing before Judge John Parnham on

the defendant tax collector's motion to dismiss for failure to

join an indispensable party.

d) The Summary Final Judgment entered in the case by Judge

and the motions filed with the Court, including:

a) The initial opinion issued by the Court.

b) The motion for rehearing, rehearing en banc or certification

filed on behalf of the appellants.

c) The substitute opinion issued by the Court.

and for Escambia County, Case No: 86-678-CA-01, including:

a) The initial complaint of the tax collector.

b) The motion to intervene filed on behalf of John R. Jones, as

property appraiser for Escambia County, Florida.

c) The order granting the property appraiser's motion to

d) Judge M.C. Blanchard's order dismissing the complaint but

allowing the plaintiffs leave to amend.

e) The amended complaint of the tax collector.

f) The memorandum filed on behalf of the tax collector in

opposition to the leaseholders' motion to dismiss the

g) Judge M.C. Blanchard's Final Judgment of dismissal.

Bryan, 519 So.2d 1024 (Fla. lst DCA 1988).

Gregory S. Brown, Property Appraiser of Santa Rosa County, Florida, et al.,

Amended Motion for Summary Judgment and Entry of Final

b) Transcription of the hearing on the parties counter motions

for summary judgment.

Brown, 919 So.2d 462 (Fla. lst DCA 2005).

(11) Final Judgment rendered by Judge Tarbuck in Service Metro

Corporation v. Matt Langley Bell, as Tax Collector of Escambia County, Florida, et

cases consolidated therewith, including:

a. The complaint filed on behalf of Burklow & Associates, Inc., and

the other named plaintiffs.

b. The answer and affirmative defenses of Defendant Gregory Brown,

c. Memorandum of Law in Opposition to Plaintiffs' Motion for

d. Issues of Law Which Remain for Determination by the Court filed

by counsel on behalf of the Defendants.

(14) Chapter 24,500, Special Acts, Laws of Florida.

(15) Chapter 25,810, Special Acts, Laws of Florida.

(16) Chapter 76-361, Special Acts, Laws of Florida.

(17) Chapter 76-362, Special Acts, Laws of Florida.

(18) Chapter 76-368, Special Acts, Laws of Florida.

a) General lease policy applicable to all new leases, and

b) Hurricane Ivan Damage Restoration Policy.

c) Lease Enforcement Alternative Policy.

e) Policy providing for amendment of leases containing

erroneous language regarding vesting of title to improvements on leased