JOHN M. CANAKARIS, ET AL., PETITIONERS,
v.
THE HONORABLE KIM HAMMOND, ETC., ET AL., RESPONDENTS
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Mortgagors challenged a trial court's refusal to satisfy a foreclosure judgment after paying all sums due under the original judgment into court registry. The court held that payment into the registry under Florida Statute § 55.141 does not divest the trial court of jurisdiction to consider the mortgagee's motion to amend the judgment to include additional bankruptcy-related expenses and attorney's fees.
The trial court retains jurisdiction and discretion to act on the mortgagee's motion to amend the foreclosure judgment even after the mortgagors have paid the sums previously adjudicated due under the mortgage into the court registry. Payment into the registry does not divest or defeat the court's jurisdiction and discretion over such a motion.
[1] A trial court retains jurisdiction and discretion to act on a mortgagee's motion to amend a foreclosure judgment to include additional expenses and attorney's fees, even…
[2] Payment of sums adjudicated due under a mortgage into the court registry does not divest a trial court of jurisdiction to consider a motion to amend the original foreclos…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the trial court has jurisdiction in that cause and discretion to act on the mortgagee's motion and that jurisdiction and discretion is not divested or defeated by the payment of the sums previously adjudicated to be due under the mortgage into the registry of the court under section 55.141, Florida Statutes.”
The core holding establishing that payment into the registry does not strip the court of jurisdiction to consider amendments to the foreclosure judgment.
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Join FLexlaw to unlock all legal intelligenceA state court entered a final foreclosure judgment against mortgagors. The mortgagors then used federal bankruptcy court to stay the foreclosure sale …
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COWART, Judge.
After a state court final judgment of foreclosure was entered the mortgagors, acting through the federal bankruptcy court, caused a stay of the foreclosure sale for about eighteen months. As soon as the mortgagee’s attorneys had caused the bankruptcy stay to be lifted, the mortgagee moved the state court to amend the original foreclosure judgment to include additional expenses and attorney's fees incurred in the bankruptcy action. The mortgagors then paid all sums due under the original foreclosure judgment plus interest to the date of payment into the registry of the court and moved the trial court to enter an order satisfying the original foreclosure judgment contending that the payment into the registry satisfied the original foreclosure judgment under section 55.141, Florida Statutes, and, in effect, that the trial court did not have jurisdiction to amend the original foreclosure judgment to include the additional expenses and attorney’s fees. The trial court denied the mortgagor’s motion. The mortgagors in this mandamus proceeding seek to have this court direct the trial judge and the clerk of the circuit court to satisfy the original judgment.
We deny the writ of mandamus. We express no opinion as to the merits of the mortgagee’s motion to amend the original foreclosure judgment to include additional expenses and attorney’s fees. However, the trial court has jurisdiction in that cause and discretion to act on the mortgagee’s motion and that jurisdiction and discretion is not divested or defeated by the payment of the sums previously adjudicated to be due under the mortgage into the registry of the court under section 55.141, Florida Statutes.
DENIED.
COBB, C.J., and ORFINGER, J., concur.
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Fla. Fed. Sav. & Loan Ass'n v. Sanchez, 553 So. 2d 1254 (Fla. 3d DCA 1989)…ends that the trial court erred, as a matter of law, in holding that it lacked authority to amend the final judgment of foreclosure to include attorney fees incurred in the bankruptcy action. In support, the appellant relies on Canakaris v. Hammond, 455 So. 2d 486 (Fla.5th DCA 1984). In Canakaris, a mortgagee sought to amend a state court’s final judgment of foreclosure to include attorney fees and costs incurred in a bankruptcy action. The mortgagors paid all sums due under the judgment, plus interest accru…
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Schere v. Z.F., Inc., 578 So. 2d 739 (Fla. 3d DCA 1991)…ward attorney’s fees and provided for reimbursement of subsequent costs. See Patin v. Popino, 459 So. 2d 435 (Fla. 3d DCA 1984). The payment of monies under the judgment of foreclosure does not divest the court of jurisdiction. Canakaris v. Hammond, 455 So. 2d 486 (Fla. 5th DCA 1984). Accordingly, we reverse the order denying Arkad’s motion for trial fees and costs remand for further consideration. Addressing Schere’s appeal, we affirm the order denying his motion for attorney’s fees and costs. Schere’s volu…
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Dvorak v. First Fam. Bank, 639 So. 2d 1076 (Fla. 5th DCA 1994)…) (same); Marchion Terrazzo, Inc. v. Altman, 372 So. 2d 512 (Fla. 3d DCA 1979) (same). The status of the parties at the time of the motion for supplemental fees and costs makes this case unique. It should be noted that in both Canakaris v. Hammond, 455 So. 2d 486 (Fla. 5th DCA 1984), and The Nemours Foundation v. Gauldin, 601 So. 2d 574 (Fla. 5th DCA 1992),3 the bankruptcy stay had been lifted and the property (which remained the property of the debtor in bankruptcy and the mortgagor in the foreclosure actio…