Opinion
1D22-18
07-26-2023
Inwood Investments, LLC, Appellant, v. U.S. Bank National Association, as Trustee for Structed Asset Securities Corporation Mortgage Loan Trust 2007-BNC1 Mortgage Pass-through Certificates, Series 2007-BNC1, et al., Appellee.
Michael J. Henry of Dunlap & Shipman, P.A., Santa Rosa Beach, for Appellant. Michael R. Esposito and Nicole R. Topper of Blank Rome LLP, Tampa, for Appellee.
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
On appeal from the Circuit Court for Walton County. Kelvin C. Wells, Judge.
Michael J. Henry of Dunlap & Shipman, P.A., Santa Rosa Beach, for Appellant.
Michael R. Esposito and Nicole R. Topper of Blank Rome LLP, Tampa, for Appellee.
PER CURIAM.
AFFIRMED. See Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150, 1152 (Fla. 1979) (affirming where the record brought forward by the appellant was inadequate to show what was presented to the trial court and to demonstrate reversible error).
RAY and TANENBAUM, JJ., concur; OSTERHAUS, C.J., concurs with opinion.
OSTERHAUS, C.J., concurring.
I concur fully with affirming under Applegate but also note on Appellant's main argument that § 702.036, Florida Statutes, addresses the finality of "mortgage" foreclosure judgments, not foreclosure judgments generally. To that end § 702.036(1) protects the title to property procured by third-party buyers after a final judgment of foreclosure "of a mortgage." Here, conversely, the foreclosure leading to Appellant's purchase of the property arose from the non-payment of condominium assessments. See § 720.3085(1)(c), Fla. Stat. (allowing an association to "bring an action in its name to foreclose a lien for assessments"). Section 702.036(1) says nothing of extending title protections under these circumstances where there was no mortgage-based foreclosure judgment. Cf., Wells Fargo Bank, N.A. v. Tan, 320 So.3d 782, 786 (Fla. 4th DCA 2021) (declining to read non-textual requirements into § 702.036).