In short: The Third District affirmed summary judgment for the tax deed buyer. Read as a whole, the warranty deed carved the disputed parcel out of what it conveyed. Repeated header language did not make the deed ambiguous. Because Garden State never owned the parcel, it had no right to notice of the tax deed sale.
The Facts
In 2016, Grassy Key Land Company deeded property in Monroe County to Garden State Holdings. The description began with all of a government lot on Grassy Key, “except” several tracts. It then gave metes and bounds descriptions of the lot and its carve-outs, including the parcel later sold at a tax deed sale. The deed then repeated those carve-outs under an “also known as” heading and added one more under a “further lessing” heading.
Shazbop, LLC bought the carved-out parcel at a tax deed sale. Garden State sued to vacate the sale. It said it owned the parcel and never got notice. In the alternative, it argued the deed was ambiguous, so the case could not be decided on summary judgment.
Both sides filed competing surveys and surveyor affidavits. They agreed, though, that the metes and bounds descriptions were accurate and that the surveys matched them. The trial court granted summary judgment for Shazbop and later awarded costs and fees. Garden State appealed both orders, and the two appeals were argued together.
The Decision
The Third District affirmed in one opinion issued under both case numbers. A contract is ambiguous only when it can reasonably be read more than one way. Being possibly readable another way is not enough. Outside evidence, such as dueling surveyor opinions, cannot be used to create an ambiguity the document does not have.
Reading the whole deed, the court found only one reasonable interpretation: the extra parcels were carve-outs from the lot, not additions to it. The duplicated headers were redundant, not conflicting. Since the deed excluded the tax deed parcel, Garden State was not the owner and was not entitled to notice of the sale.
The Law
Before a tax deed sale, the clerk must mail notice to the persons listed in the tax collector’s statement, including the owner of record, under section 197.522 and section 197.502. Only someone with an interest in the specific parcel sold has a claim that missing notice voids the sale. Whether you have that interest depends on the words of your deed.
Courts read a deed like any other written instrument: as a whole, giving effect to every part. Ambiguity is a legal question for the judge. When the description is clear, surveyor testimony about what the parties meant does not create a jury question.
Current law (2026): Sections 197.502 and 197.522 (2026) still govern tax deed applications and owner notice; the opinion’s deed-construction holding is unaffected.
Lessons
- Read the legal description, not just the caption. “Less and except” language takes property out of what you bought.
- If you think you own a parcel, check that the tax roll and the tax collector’s records show you as owner and that the taxes are paid.
- Competing surveys rarely help if both sides agree the metes and bounds are accurate. The fight is then over the deed’s words, which is a legal question.
- Losing a suit to set aside a tax deed can bring a cost and fee award, so assess title before filing.
Source: Garden State Holdings, LLC v. Shazbop, LLC, No. 3D23-2014 & 3D24-1113 — Fla. 3d DCA (May 7, 2025).
Watch the Oral Argument
This is the recording of the actual oral argument, posted on the channel. What lawyers and judges say at argument is not the ruling; the decision is summarized above. (The channel has this argument posted twice; the other upload is here.)
'Less and Except' vs. 'Also Known As' — 5-Page Deed Dispute | Garden State Holdings v. Shazbop
Go Deeper
- Deed Fraud in Florida: How Homes Are Stolen on Paper and How to Get Them Back
- Florida's Summary Judgment Rule: How Rule 1.510 Ends Cases Without a Trial
Frequently Asked Questions
What does "less and except" mean in a Florida deed?
It is exclusion language. The deed conveys the larger tract minus the parcels listed after the phrase. In Garden State v. Shazbop, the court held those listed parcels were carved out of the conveyance. The buyer did not get them, even though the deed repeated them under other headings.
Does repeated or sloppy language make a deed ambiguous?
Not by itself. Florida courts ask whether the deed can reasonably be read more than one way when it is read as a whole. Redundant headers or repetition do not create ambiguity if the descriptions, read together, point to a single meaning.
Can surveyor testimony prove a deed is ambiguous?
Usually not. Outside evidence cannot be used to create an ambiguity the document does not have. If both sides agree the metes and bounds are accurate, the court decides what the words convey as a matter of law, and expert surveys do not create a jury question.
Who is entitled to notice before a Florida tax deed sale?
The clerk mails notice to the persons listed in the tax collector’s statement, which includes the owner of record and lienholders, under section 197.522. Someone who does not actually own or hold an interest in the parcel sold cannot void the sale for lack of notice.
Talk to a Florida real estate litigation lawyer
Weidner Law, P.A. handles Florida real estate disputes, title problems and appeals from St. Petersburg. If you need a real estate litigation lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: every Florida statute and court rule is on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
