3L Real Estate LLC v. Upstate Enterprises, LLC

District Court of Appeal of Florida

3L Real Estate LLC v. Upstate Enterprises, LLC

165 So. 3d 764, 2015 Fla. App. LEXIS 7549, 2015 WL 2393647

CourtDistrict Court of Appeal of Florida

DecidedMay 20, 2015

DocketNo. 3D14-2137

StatusPublished

This text of 165 So. 3d 764 (3L Real Estate LLC v. Upstate Enterprises, LLC) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

3L Real Estate LLC v. Upstate Enterprises, LLC, 165 So. 3d 764, 2015 Fla. App. LEXIS 7549, 2015 WL 2393647 (Fla. Ct. App. 2015).

Pincite

Opinion

PER CURIAM.

Plaintiff/counter-defendant/appellant 3L Real Estate LLC appeals to this Court the trial court’s Final Judgment to Quiet Title to Real Property and for Reforeclosure, as well as the trial court’s non-final order granting defendant/counter-plaintifUappel-lee Upstate Enterprises LLC’s Motion to Compel PlaintifUCounter-Defendant to Exercise Right of Redemption. Appellee agrees with appellant that as a result of the mortgagee’s failure to name the appellant in the underlying mortgage foreclosure, the appellant’s February 19, 2014 Certificate of Title was void, and the trial court’s order compelling appellant to redeem the property constituted error. Accordingly, based on appellee’s concession of error, we reverse the Final Judgment to Quiet Title to Real Property and for Refo-reclosure entered on August 5, 2014, as well as the trial court’s Order on appellee’s Motion to Compel entered on June 4, 2014, and remand to the trial court for further proceedings consistent with this opinion.

Reversed and remanded.

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PER CURIAM.

Plaintiff/counter-defendant/appellant 3L Real Estate LLC appeals to this Court the trial court’s Final Judgment to Quiet Title to Real Property and for Reforeclosure, as well as the trial court’s non-final order granting defendant/counter-plaintifUappel-lee Upstate Enterprises LLC’s Motion to Compel PlaintifUCounter-Defendant to Exercise Right of Redemption. Appellee agrees with appellant that as a result of the mortgagee’s failure to name the appellant in the underlying mortgage foreclosure, the appellant’s February 19, 2014 Certificate of Title was void, and the trial court’s order compelling appellant to redeem the property constituted error. Accordingly, based on appellee’s concession of error, we reverse the Final Judgment to Quiet Title to Real Property and for Refo-reclosure entered on August 5, 2014, as well as the trial court’s Order on appellee’s Motion to Compel entered on June 4, 2014, and remand to the trial court for further proceedings consistent with this opinion.

Reversed and remanded.

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Bluebook (online)

165 So. 3d 764, 2015 Fla. App. LEXIS 7549, 2015 WL 2393647, Counsel Stack Legal Research, https://law.counselstack.com/opinion/3l-real-estate-llc-v-upstate-enterprises-llc-fladistctapp-2015.