PATRICK HILL BUTLER, APPELLANT,
v.
SANDRA KAY BUTLER, APPELLEE

Fla. 2d DCA | 2004-03-24
No. 2D03-3469
SALCINES and WALLACE, JJ., concur.
870 So. 2d 239 Florida District Court of Appeal, Second District (2004) Positive Treatment
Cited by 2 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Patrick Butler appeals a summary judgment foreclosing judgment liens held by his ex-wife Sandra Butler on his one-half interest in their former marital residence. The court reverses because the underlying judgments never became valid liens due to the wife's failure to comply with statutory recording requirements.


Holding

The court held that the judgments never became valid liens on the husband's real property because the wife failed to comply with Florida Statute § 55.10(1), which requires that the lienholder's address appear in the judgment or in an affidavit simultaneously recorded with the judgment. Consequently, no liens attached to the real property, and the foreclosure judgment must be reversed.


Headnotes

[1] A judgment does not become a lien on real property unless the judgment or a simultaneously recorded affidavit contains the address of the lienholder.

[2] A judgment does not mature into a lien on real property if the lienholder's address is not included on the judgment itself.

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Key Quotes

“A judgment ... does not become a lien on real property unless the address of the person who has a lien as a result of such judgment ... is contained in the judgment ... or an affidavit with such address is simultaneously recorded with the judgment.”

Establishes the statutory requirement under Florida Statute § 55.10(1) for a judgment to become a valid lien on real property

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Facts & Procedural History

Sandra Butler obtained two recorded judgments against Patrick Butler in 2001 and 2002 totaling $10,092.16 for child support arrearages and unpaid medi…

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Opinion of the Court
COVINGTON, Judge.

COVINGTON, Judge.

Patrick Butler challenges the circuit court’s final summary judgment foreclosing judgment liens held by the appellee, Sandra Butler, and setting a clerk’s sale of his undivided one-half interest in their former marital residence. We reverse because the underlying judgments never became liens on the husband’s real property.

Sandra Butler’s complaint in foreclosure included two recorded judgments of $8261 and $1831.16 from 2001 and 2002, representing child support arrearages and unpaid health and medical expenses for their children. Her complaint alleged that the husband owed her $9190.12, plus unpaid interest and other expenses, and asserted a right to foreclose his undivided one-half interest in the property they held as tenants in common. The wife filed a motion for summary judgment with an affidavit supporting her claim for $9190.12, plus interest on the judgments. The husband never filed a response or an opposing affidavit.

Ten days before the summary judgment hearing, the court entered an amended order and judgment for contempt and commitment in the sum of $12,029.16, which was duly recorded. The wife did not, however, amend the complaint to include the third judgment. After a hearing, the court entered a final judgment of foreclosure in the total sum of $23,329.95, imposing a judgment lien in that amount on the husband’s undivided one-half interest in the property and setting a public sale. The final judgment referred to a mortgage that did not exist. The sale was stayed pending this timely appeal.

The movant must demonstrate conclusively and to a certainty from the record that the nonmovant cannot plead or otherwise raise a genuine issue of material fact. Coast Cities Coaches, Inc. v. Dade County, 178 So. 2d 703 (Fla.1965); Beach Higher Power Corp. v. Granados, 717 So. 2d 563, 565 (Fla. 3d DCA 1998). When, as in this case, the nonmovant fails to come forward with any affidavit or other proof in opposition to the motion for summary judgment, the movant need only establish a prima facie case whereupon the court may enter such judgment. See Harvey Bldg., Inc. v. Haley, 175 So. 2d 780, 782-83 (Fla.1965).

The husband correctly asserts that the wife failed to observe formalities in recording judgments.

A judgment ... does not become a lien on real property unless the address of the person who has a lien as a result of such judgment ... is contained in the judgment ... or an affidavit with such address is simultaneously recorded with the judgment....

§ 55.10(1), Fla. Stat. (2001). A judgment does not mature into a lien where the lienholder’s address does not appear on the judgments. Consequently, no liens attached to the real property here as a result of the recordation of the judgments. See Tomalo v. Kingsley Displays, Inc., 862 So. 2d 899, 900-01 (Fla. 2d DCA 2003) (citing Hott Interiors, Inc. v. Fostock, 721 So. 2d 1236, 1238 (Fla. 4th DCA 1998)); Dyer v. Beverly & Tittle, P.A., 777 So. 2d 1055, 1058 (Fla. 4th DCA 2001); Decubellis v. Ritchotte, 730 So. 2d 723, 725-26 (Fla. 5th DCA 1999). Notwithstanding our concern that the final judgment added the third judgment that had not been included in pleadings or affidavit, it, too, was recorded without the requisite formalities of section 55.10(1). Accordingly, we reverse the final summary judgment.

We limit our decision to its holding and express no opinion on any other aspect of the case in light of the very limited record presented on appeal.

Reversed and remanded for further proceedings.

SALCINES and WALLACE, JJ., concur.


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Citator

Cited By

  • Farkus v. Fla. Land Sales & Dev. Co., 915 So. 2d 688 (Fla. 5th DCA 2005)
    …rder, or decree.” § 55.10(1), Fla. Stat. (2008). The final judgment entered against Florida Land and in favor of CNL does not contain any address for CNL. As such, the judgment did not become a lien on Florida Land’s property. See Butler v. Butler, 870 So. 2d 239 (Fla. 2d DCA 2004)(holding that no liens attached to husband’s undivided one-half interest in former marital residence as result of recordation of judgments against husband where wife/lienholder’s address did not appear on judgments); Decubellis v.…

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