Carlos Gabriel Carus, Jr. v. Gladys Fidelia

• Court: District Court of Appeal of Florida
• Decided: April 10, 2024
• Docket: 2023-0281
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed April 10, 2024. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D23-0281 Lower Tribunal No. 20-11733 CC ________________

Carlos Gabriel Carus, Jr., Appellant,

vs.

Gladys Fidelia, Appellee.

An Appeal from the County Court for Miami-Dade County, Michael G. Barket, Judge.

Kenzie N. Sadlak, P.A. and Kenzie N. Sadlak, for appellant.

Topouzis & Associates, P.C., and Tyler E. Mesmer, for appellee.

Before FERNANDEZ, MILLER and LOBREE, JJ.

PER CURIAM.

Affirmed. See § 720.3085(2)(b), Fla. Stat. (2022) (“A parcel owner is jointly and severally liable with the previous parcel owner for all unpaid

assessments that came due up to the time of transfer of title.”); Villas of

Windmill Point II Prop. Owners’ Ass’n, Inc. v. Nationstar Mortg., LLC, 229

So. 3d 822, 824 (Fla. 4th DCA 2017) (“[U]nder section 720.3085(2)(c), [the

third-party purchaser] does indirectly benefit from the safe harbor provision

because, under section 720.3085(2)(b), it is jointly and severally liable with

the prior parcel owner . . . for all unpaid assessments due up to the time of

transfer of title, and [the prior parcel owner] did qualify for the safe harbor

provision.”); Cong. Park Off. Condos II, LLC v. First-Citizens Bank & Tr. Co.,

105 So. 3d 602, 608 (Fla. 4th DCA 2013) (“If the incomplete discovery will

not raise future disputed issues of material fact, summary judgment may be

properly granted.” (quoting Osorto v. Deutsche Bank Nat’l Tr. Co., 88 So. 3d

261, 263 (Fla. 4th DCA 2012))).