MONTREUX AT DEERWOOD LAKE CONDOMINIUM ASSOCIATION, INC., APPELLANT,
v.
CITIBANK, N.A., NOT INDIVIDUALLY BUT SOLELY AS TRUSTEE FOR THE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES 1 TRUST 2006-HE3, ASSET-BACKED CERTIFICATES, SERIES 2006-HE3, APPELLEE
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The trial court lacked jurisdiction to determine unpaid condominium assessments because the motion was filed after the deadline for altering or amending the judgment.
[1] A trial court lacks jurisdiction to enter an order that imposes new conditions or duties on parties when such matters were not determined in the original judgment and wer…
[2] A motion seeking to determine unpaid condominium assessments is jurisdictionally barred if filed after the deadline for altering or amending the final judgment.
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Join FLexlaw to unlock all legal intelligenceCitibank, after acquiring a condominium at foreclosure, filed a motion to enforce a final judgment to determine unpaid assessments owed to the associa…
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After acquiring a condominium at a foreclosure sale, Appellee Citibank, as the trustee for the trust owning the property, filed a “motion to enforce final judgment of foreclosure” to determine the amount of unpaid condominium assessments owed to the association, Montreux at Deerwood Lake Condominium Association. The trial court held a hearing and granted the motion. The Association appealed and we now reverse because the trial court lacked jurisdiction to enter the order.
While Citibank’s motion claimed to seek enforcement of the final judgment, the judgment did not actually pass upon the amount of unpaid assessments. The assessments issue was neither part of the foreclosure litigation, nor reserved upon by the final judgment for later determination by the court. For this reason, no assessment-related judgment existed to be enforced in this case. Instead, what Citibank’s post-judgment motion really sought was the imposition of new assessment-related conditions and duties on the parties here, which the order on appeal addressed and calculated for the first time.
Because Citibank filed its motion for the determination of unpaid assessments almost six months after the deadline for altering or amending the judgment, the trial court lacked jurisdiction to determine the issue. See Fla. R. Civ. P. 1.530; see also 14302 Marina San Pablo Place SPE, LLC v. VCP-San Pablo, Ltd., 92 So.3d 320 (Fla. 1st DCA 2012) (holding that the trial court lacked jurisdiction to entertain a “motion for clarification” on the issue of liability for condominium fees and assessments that was filed three months after entry of judgment); Central Mortg. Co. v. Callahan, 39 Fla. L. Weekly D1478, 155 So.3d 373, 2014 WL 3455485 (Fla. 3d DCA 2014) (affirming the trial court’s conclusion that it lacked jurisdiction to determine assessments). For this reason, we QUASH the order on appeal, leaving the final judgment of foreclosure undisturbed.
THOMAS, and OSTERHAUS, JJ., concur.
RAY, J., concurs in result only.
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Cent. Park A Metrowest Condo. Assoc., Inc. v. Amtrust REO I, LLC, 169 So. 3d 1223 (Fla. 5th DCA 2015)…d established that a reservation of jurisdiction must be specific as to a particular issue in order for that issue to be láter enforced by the trial court. Id. Similarly, in Montreux at Deerwood Lake Condominium Association, Inc. v. Citibank, N.A., 153 So. 3d 961 (Fla. 1st DCA 2014), Citibank purchased a condominium at a foreclosure sale and, thereafter, filed a “motion to enforce final judgment of foreclosure.” The motion requested a determination of the amount of unpaid condominium assessments owed to Mont…
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Grand Cent. AT Kennedy Condo. Ass'n, Inc. v. Space Coast Credit Union, 173 So. 3d 1089 (Fla. 2d DCA 2015)…was nothing left for the trial court to enforce. Applying the reasoning of Callahan, we conclude that the trial court here did not have jurisdiction to address the assessment issue. See also Montreux at Deerwood Lake Condo. Ass’n v. Citibank, N.A., 153 So. 3d 961, 962 (Fla. 1st DCA 2014) (“While Citibank’s motion claimed to seek enforcement of the final judgment, the judgment did not actually pass upon the [*1092] amount of unpaid assessments. The assessments issue was neither part of the foreclosure litigat…
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Plca Condo. Ass'n v. Amtrust-Np SFR Venture, LLC, 182 So. 3d 668 (Fla. 4th DCA 2015)…the amount of past-due association fees. We note that other courts have reached the same conclusion under similar facts. See Cent. Mortg. Co. v. Callahan, 155 So. 3d 373 (Fla. 3d DCA 2014); Montreux at Deerwood Lake Condo. Ass’n v. Citibank, N.A., 153 So. 3d 961 (Fla. 1st DCA 2014); Cent. Park A Metrowest Condo. Ass’n v. AmTrust REO I, LLC, 169 So. 3d 1223 (Fla. 5th DCA 2015); Grand Cent. at Kennedy Condo. Ass’n v. Space Coast Credit Union, 173 So. 3d 1089 (Fla. 2d DCA 2015). We agree with the reasoning of…
Authorities Cited
- 14302 Marina SAN Pablo Place SPE, LLC v. Vcp-San Pablo, Ltd., 92 So. 3d 320 (Fla. 1st DCA 2012)
- Cent. Mortg. Co. v. Callahan, 155 So. 3d 373 (Fla. 3d DCA 2014)