Alexandria Investments, LLC v. Waterstone Capital, LLC

• Court: District Court of Appeal of Florida
• Decided: October 8, 2025
• Docket: 3D2024-1437
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed October 8, 2025. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D24-1437 Lower Tribunal No. 23-22378-CA-01 ________________

Alexandria Investments, LLC, et al., Appellants,

vs.

Waterstone Capital, LLC, et al., Appellees.

An Appeal from the Circuit Court for Miami-Dade County, Mavel Ruiz Judge.

Armstrong Teasdale LLP, Marlon J. Weiss and Glen H. Waldman, for appellants.

Bercow, Radell, Fernandez, Larkin & Tapanes, PLLC, Paul C. Savage, Thomas H. Robertson, and Peter D. Shoemaker, for appellees.

Before FERNANDEZ, MILLER, and BOKOR, JJ.

PER CURIAM. Affirmed. See § 197.552, Fla. Stat. (2023) (“[N]o right, interest,

restriction, or other covenant shall survive the issuance of a tax deed . . . .”);

Cricket Props., LLC v. Nassau Pointe at Heritage Isles Homeowners Ass’n,

Inc., 124 So. 3d 302, 307 (Fla. 2d DCA 2013) (reversing trial court’s finding

that lien premised on unpaid association assessments survived issuance of

tax deed); Futura Realty v. Lone Star Bldg. Ctrs. (E.), Inc., 578 So. 2d 363,

364 (Fla. 3d DCA 1991) (reaffirming “long line of case law establishing

caveat emptor as the rule in the sale of commercial property”); Miami-Dade

County, Fla., Code of Ordinances, Ch. 24, art. I, § 24-31(1) (2024) (“Whoever

commits a violation of this chapter or any lawful rule or regulation

promulgated under this chapter is liable to Miami-Dade County . . . .”)

(emphasis added); Murthy v. N. Sinha Corp., 644 So. 2d 983, 986 (Fla. 1994)

(observing that legislative intent, as discerned from “language of the statute

or the statutory structure,” is a prerequisite to implying a private remedy).