THOMAS O'HANLON, AS TRUSTEE OF HABITAT TRUST, APPELLANT,
v.
ROBERT G. HERNDON, APPELLEE
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In this foreclosure appeal, the court reversed a circuit court's ruling that precluded a trust from bringing a foreclosure action due to failure to file a Declaration of Trust, holding that this issue was beyond the scope of the motion for relief from judgment and should not have been addressed. The court affirmed the grant of relief from the foreclosure judgment but reversed the portion addressing the trust's legal standing.
The court affirmed the grant of relief from the foreclosure judgment and the reopening of the proceeding, but reversed the circuit court's ruling that O'Hanlon was precluded from bringing the foreclosure action based on the trust's failure to file a Declaration of Trust. The court held that the statutory compliance issue was beyond the proper scope of a motion for relief from judgment and should not have been addressed in that context.
[1] A court may grant relief from a final judgment only to the extent requested in the motion for such relief.
[2] A court's ruling on a defense raised in a motion for relief from judgment is improper if that defense was not the basis for the motion itself, but rather only alleged as…
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Join FLexlaw to unlock all legal intelligence“The circuit court's ruling was improper because this issue was not a basis of the motion for relief from the final judgment of foreclosure; it was only alleged to be a possible meritorious defense to O'Hanlon's complaint and motion for summary final judgment.”
Establishes the core holding that the trial court exceeded its authority by addressing a statutory defense issue that was beyond the scope of the motion for relief from judgment
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Join FLexlaw to unlock all legal intelligenceO'Hanlon, as trustee of Habitat Trust, filed a foreclosure complaint against Herndon for defaulting on a note and mortgage. The circuit court granted …
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Thomas O’Hanlon, as trustee of the Habitat Trust, filed this appeal of a nonfi-nal order granting Robert G. Herndon’s motion for relief from a final judgment of foreclosure. The order also granted Hern-don’s motion to rescind foreclosure sale, motion to vacate certificate of sale, and motion to vacate certificate of title. We reverse the circuit court order to the extent that it grants relief which was not requested in Herndon’s motion.
*724O’Hanlon, as trustee of the Habitat Trust, filed a complaint seeking to foreclose on property based on Herndon’s default on a note and mortgage. After a hearing, the circuit court granted O’Han-lon’s motion for summary final judgment and entered a final judgment of foreclosure. A foreclosure sale was held and O’Hanlon was the successful bidder at the sale. Thereafter, a certificate of sale and a certificate of title were issued for the property.
In Herndon’s motion seeking relief from the final judgment of foreclosure, he alleged that his wife was improperly allowed to act as his attorney throughout the proceedings. Herndon stated that he had been ill and had given his wife power of attorney. However, his wife mistakenly believed that she could act as Herndon’s attorney in the lawsuit. In requesting relief from the final judgment, Herndon alleged that he had four meritorious defenses to O’Hanlon’s complaint and motion for summary final judgment. One of his defenses was that the mortgage and note were void because Habitat Trust never filed a Declaration of Trust with the Secretary of State pursuant to section 609.02, Florida Statutes (2006), and therefore, it could not conduct business as a trust.
In granting Herndon’s motion for relief from the final judgment of foreclosure, the circuit court also ruled on the above defense and concluded that O’Hanlon could not lawfully bring a foreclosure action founded on the note and mortgage filed in the case. The circuit court’s ruling was improper because this issue was not a basis of the motion for relief from the final judgment of foreclosure; it was only alleged to be a possible meritorious defense to O’Hanlon’s complaint and motion for summary final judgment.
Accordingly, we affirm the order to the extent that it grants relief from the judgment of foreclosure and reopens that proceeding. However, we reverse that portion of the circuit court’s order ruling that O’Hanlon is precluded from bringing a foreclosure action founded on the note and mortgage in this case. Whether section 609.02 applies in this case and what the penalty or remedy might be for noncompliance with this statute are complex issues that we do not resolve in this appeal.
Affirmed in part, reversed in part, and remanded.
ALTENBERND, WHATLEY, and KELLY, JJ, Concur.
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Dep't OF Bus. & Prof'l Reg. v. Fla. Ass'n OF Wholesale Distribs., Inc., 198 So. 3d 981 (Fla. 2d DCA 2016)…iew is that the trial court did not intend to enter a temporary injunction”). Moreover, the order arose from a hearing on the parties’ respective motions for summary! judgment, and neither motion requested injunctive relief. See O’Hanlon v. Herndon, 5 So. 3d 723, 724 (Fla. 2d DCA 2009) (reversing order that granted relief from a final judgment of foreclosure where the order granted relief which was not requested in the motion); Williford v. Melbourne Commercial Dev., Inc., 682 So. 2d 1234, 1235 (Fla. 5th DC…