GERALD A. PAGE, APPELLANT,
v.
MILORAD COP, SARAH A. MCNULTY F/K/A SARAH A. PAGE, JIM COWAN, AND PRIME TIME RADIO, INC., APPELLEES
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Gerald Page appeals a partition judgment confirming title to a motel property in Prime Time Radio, Inc. following a judicial sale. The court affirms the sale confirmation but amends the judgment to preserve the interests of non-parties Bud Page Realty, Inc. and The Florida Group, Inc., which had not been properly subjected to the litigation.
The court affirmed the judgment confirming title to Prime Time Radio, Inc. but amended it to provide that the judgment shall not affect the right, title, or interest of Bud Page Realty, Inc. and The Florida Group, Inc. in the property, since these entities were not parties to the litigation and their interests could not be voided by the judgment.
[1] A final judgment confirming title to property does not affect the rights of parties not named in the litigation.
[2] A court may order a partition sale of property found to be indivisible in kind.
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Join FLexlaw to unlock all legal intelligence“Since Bud Page Realty, Inc., and The Florida Group, Inc., were not parties to the litigation, their interests are not affected by the final judgment.”
Establishes the fundamental principle that a judgment can only bind the parties to the litigation, not third parties.
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Join FLexlaw to unlock all legal intelligenceGerald A. Page and Prime Time Radio, Inc. were tenants in common of a motel property in Florida. Mortgage foreclosure proceedings were dismissed by st…
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SCHEB, Acting Chief Judge.
This appeal arises from the aftermath of a suit to foreclose a mortgage. By stipulation of the parties the mortgage foreclosure proceedings were dismissed, the lis pendens dissolved, and the matter submitted to the court for entry of a judgment of partition.
On March 6, 1986, the court entered a judgment of partition finding that Gerald A. Page and Prime Time Radio, Inc., were tenants in common of a motel property described as Lots 92 & 93, Block F, Isle of Palms, according to Plat Book 7, Page 52 of the Public Records of Pinellas County, Florida, together with certain personal property incident thereto. The court found the property not to be divisible in kind and ordered a partition sale, at which the owners were each allowed to bid.
Prime Time Radio, Inc., was the successful bidder at the judicial sale and was issued a clerk’s certificate of sale on May 22, 1986. Thereafter, on June 13, 1986, the court entered a final judgment approving the sale and confirming title in Prime Time Radio, Inc. After the court denied a motion for rehearing filed by Gerald A. Page, this appeal ensued.
Appellant Page raises several points in seeking to reverse the trial court’s judgment confirming title to the aforedescribed real property in Prime Time Radio, Inc. After reviewing appellant’s brief and examining the record on appeal, we find merit only to his contention that the trial court’s judgment improperly voided the interests of Bud Page Realty, Inc., and The Florida Group, Inc., which claim some right, title or interest in the aforedescribed property.
The record does not reveal that any lis pendens notice was filed or that any judicial restraints were imposed on conveyance or encumbrance of the interests of the parties after the original foreclosure proceedings were dismissed. Nevertheless, the final judgment confirming title in Prime Time Radio, Inc., purports to render conveyances or encumbrances involving entities not parties to this litigation void. Since Bud Page Realty, Inc., and The Florida Group, Inc., were not parties to the litigation, their interests are not affected by the final judgment. See Baltzell v. Daniel, 111 Fla. 303, 149 So. 639 (Fla.1933).
Accordingly, we affirm the trial court’s final judgment entered June 13, 1986, insofar as it approves the clerk’s certificate of sale entered May 22, 1986, and confirms title to the aforedescribed property in Prime Time Radio, Inc. However, we amend said judgment to provide that nothing therein shall affect the right, title or interest, if any, of Bud Page Realty, Inc., and The Florida Group, Inc., in respect to the property described herein.
CAMPBELL and LEHAN, JJ., concur.
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Commercial Laundries, Inc. v. Golf Course Towers Assocs., 568 So. 2d 501 (Fla. 3d DCA 1990)…sure action. See Dundee Naval Stores v. McDowell, 65 Fla. 15, 61 So. 108 (1913). As a nonparty to the main action, Commercial’s interest cannot be affected by the final judgment. See Baltzell v. Daniel, 111 Fla. 303, 149 So. 639 (1933); Page v. Cop, 506 So. 2d 1135 (Fla. 2d DCA 1987). In summary, we find that the trial court’s jurisdiction to interfere with any contract affecting the property ceased with the issuance of the certificate of title and that Commercial’s leasehold interest in the property, as a n…
Authorities Cited
- Baltzell v. Daniel, 111 Fla. 303 (Fla. 1933)