Meadows On The Green Condominium Association, Inc. v. Nationstar Mortgage, LLC, and Stuart Levy

District Court of Appeal of Florida

Meadows On The Green Condominium Association, Inc. v. Nationstar Mortgage, LLC, and Stuart Levy

188 So. 3d 883, 2016 Fla. App. LEXIS 202, 2016 WL 72585

District Court of Appeal of Florida·Decided January 6, 2016·No. 4D14-3065·Published

Opinion

STEVENSON, J.

. This appeal involves a.dispute between Meadows on the Green Condominium Association, Inc. and .Nationstar Mortgage, LLC, the bank that purchased the subject property at the foreclosure sale. The issue is whether the trial court retained jurisdiction to determine the amount due to Meadows for unpaid assessments under the Condominium Act. See § 718.116, Fla. Stat. (2014). We find that the trial court lacked continuing jurisdiction to rule on the assessment issue because (1) the trial court did not expressly reserve jurisdiction to determine this:issue and'(2) the final judgment of foreclosure did not address the past-due assessments. PLCA Condo. Ass’n v. AmTrust-NP SFR Venture, LLC, 182 So.3d 668 (Fla. 4th DCA 2015).

Accordingly; we reverse the order on appeal and remand with .instructions to dismiss Nationstar’s motion to .enforce the final judgment for'lack of jurisdiction.

Reversed.

WARNER and FORST, JJ., concur.

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STEVENSON, J.

. This appeal involves a.dispute between Meadows on the Green Condominium Association, Inc. and .Nationstar Mortgage, LLC, the bank that purchased the subject property at the foreclosure sale. The issue is whether the trial court retained jurisdiction to determine the amount due to Meadows for unpaid assessments under the Condominium Act. See § 718.116, Fla. Stat. (2014). We find that the trial court lacked continuing jurisdiction to rule on the assessment issue because (1) the trial court did not expressly reserve jurisdiction to determine this:issue and'(2) the final judgment of foreclosure did not address the past-due assessments. PLCA Condo. Ass’n v. AmTrust-NP SFR Venture, LLC, 182 So.3d 668 (Fla. 4th DCA 2015).

Accordingly; we reverse the order on appeal and remand with .instructions to dismiss Nationstar’s motion to .enforce the final judgment for'lack of jurisdiction.

Reversed.

WARNER and FORST, JJ., concur.

Meadows On The Green Condominium Association, Inc. v. Nationstar Mortgage, LLC, and Stuart Levy, 188 So. 3d 883, 2016 Fla. App. LEXIS 202, 2016 WL 72585 (Fla. Ct. App. 2016).

Pincite

188 So. 3d 883 (Meadows On The Green Condominium Association, Inc. v. Nationstar Mortgage, LLC, and Stuart Levy) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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