OUTCOME: Affirmed in part; reversed in part and remanded.
172 So. 3d 481 (Fla. 5th DCA 2015). Represented Dr. Zurita, who prevailed in the case below and had obtained judgment for $266,241. The losing parties appealed and claimed that (1) the entire judgmen...t should be thrown out due to errors by Dr. Zurita's attorneys in the original case, or (2) the award should be reduced by $20,000 due to payments allegedly made. Held that the judgment was affirmed, but could be reopened only to take evidence as to whether credit should be given for the alleged $20,000 in payments.
Appeals
Martins v. Oaks Master Property Owners Association, Inc.
Nov 14, 2014
OUTCOME: Reversed and remanded
159 So. 3d 142 (Fla. 5th DCA 2014). Martins, who resided in Cutler Bay, Florida, was the owner of investment property in Kissimmee that was foreclosed upon by an HOA who relied upon constructive servi...ce of process. The trial court denied Martins’ motion to set aside the judgment based upon defective service, which had alleged that the foreclosure judgment was void because the affidavit upon which service was based failed to describe a sufficiently diligent search and inquiry. Specifically, the affidavit alleged that counsel sent a demand letter to the foreclosed property, a process server made one attempt to serve Martins at the foreclosed property, and that counsel conducted various web-based address and phone searching. The affidavit omitted any search of motor vehicle records, driver’s license, or tax collector’s records, or even the HOA’s own records, each of which contained Martins correct address in Cutler Bay. In reviewing a challenge to constructive service, the court must review (1) whether the affidavit is legally sufficient, and (2) whether the plaintiff conducted an adequate search to locate the defendant. The Fifth DCA reversed the trial court and found the final judgment of foreclosure was void, stating “not only was the HOA’s search insufficient, but the HOA’s affidavit is patently inaccurate in that it fails to disclose that the HOA was aware of Martins’ Cutler Bay address.”
Real estate
Sheehan v. Reinhardt
Sep 03, 2008
OUTCOME: Reversed and remanded
988 So. 2d 1289 (Fla. 2d DCA 2008). In an action to quiet title, an appeal was taken over whether a final judgment of divorce constituted a duly recorded instrument upon which a lis pendens could be m...aintained as a matter of right on property that was distributed pursuant to the final judgment of divorce.
