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MEADOWS ON GREEN v. NATIONSTAR MORTG., 188 So.3d 883 (2016)

Court: Court of Appeals of Florida Number: inflco20160106165 Visitors: 5
Filed: Jan. 06, 2016
Latest Update: Jan. 06, 2016
Summary: 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) th
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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.

Source:  Leagle

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