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

CourtDistrict Court of Appeal of Florida

DecidedJanuary 6, 2016

Docket4D14-3065

StatusPublished

This text of 188 So. 3d 883 (Meadows On The Green Condominium Association, Inc. v. Nationstar Mortgage, LLC, and Stuart Levy) 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.

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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).

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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.

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Bluebook (online)

188 So. 3d 883, 2016 Fla. App. LEXIS 202, 2016 WL 72585, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meadows-on-the-green-condominium-association-inc-v-nationstar-mortgage-fladistctapp-2016.

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