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Meadows on the Green Condominium Ass'n v. Nationstar Mortgage, LLC

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT
Jan 6, 2016
188 So. 3d 883 (Fla. Dist. Ct. App. 2016)

Opinion

No. 4D14–3065.

01-06-2016

MEADOWS ON the GREEN CONDOMINIUM ASSOCIATION, INC., Appellant, v. NATIONSTAR MORTGAGE, LLC, and Stuart Levy, Appellees.

Jacob A. Brainard, Scott C. Davis and Michael H. Casanover of Business Law Group, P.A., Tampa, for appellant. Ronald E. Kaufman of the Law Offices of Ronald E. Kaufman, P.A., and Lauren D. Levy of Levy Law Group, P.A., Coral Gables, for appellee Nationstar Mortgage, LLC.


Jacob A. Brainard, Scott C. Davis and Michael H. Casanover of Business Law Group, P.A., Tampa, for appellant.

Ronald E. Kaufman of the Law Offices of Ronald E. Kaufman, P.A., and Lauren D. Levy of Levy Law Group, P.A., Coral Gables, for appellee Nationstar Mortgage, LLC.

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.


Summaries of

Meadows on the Green Condominium Ass'n v. Nationstar Mortgage, LLC

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT
Jan 6, 2016
188 So. 3d 883 (Fla. Dist. Ct. App. 2016)
Case details for

Meadows on the Green Condominium Ass'n v. Nationstar Mortgage, LLC

Case Details

Full title:MEADOWS ON THE GREEN CONDOMINIUM ASSOCIATION, INC., Appellant, v…

Court:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

Date published: Jan 6, 2016

Citations

188 So. 3d 883 (Fla. Dist. Ct. App. 2016)