Lapinski v. Green Tree

• Court: District Court of Appeal of Florida
• Decided: February 5, 2018
• Docket: 5D17-445
• Status: Published

Opinion

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

JAMES LAPINSKI AND PATRICIA LAPINSKI,

Appellants,

v. Case No. 5D17-445

GREEN TREE SERVICING, LLC, GREEN EMERALD HOMES, LLC, ALEXANDRIA POINTE HOMEOWNERS ASSOCIATION, INC.,

Appellees. ________________________________/

Opinion filed February 9, 2018

Appeal from the Circuit Court for Volusia County, Randell H. Rowe, III, Judge.

James Lapinski and Patricia Lapinski, Port Orange, pro se.

Christopher R. Evans and Douglas R. Sargent, of Locke Lord LLP, West Palm Beach, and Charles P. Gufford, of McCalla Raymer Leibert Pierce, LLC, Orlando, for Appellee, Green Tree Servicing, LLC.

Mark P. Stopa, of Stopa Law Firm, Tampa, for Appellee, Green Emerald Homes, LLC.

No Appearance for Other Appellee.

PER CURIAM.

We affirm the summary final judgment of foreclosure entered in favor of Appellee,

Green Tree Servicing, LLC, without further discussion, except that we strike from paragraph ten of the judgment any reference to the trial court later entering a deficiency

judgment against Appellants. Appellee agreed to waive the right to pursue any deficiency

claim against Appellants as part of their settlement to resolve the case below.

FINAL JUDGMENT AFFIRMED, AS MODIFIED.

EVANDER, LAMBERT and EISNAUGLE, JJ., concur.