HIDDEN RIDGE CONDOMINIUM HOMEOWNERS, ETC., APPELLANT,
v.
GREENTREE SERVICING, LLC, ETC., ET AL., APPELLEES

Fla. 5th DCA | 2015-06-05
No. 5D14-2048
ORFINGER, PALMER and EVANDER, JJ., concur.
167 So. 3d 483 Florida District Court of Appeal, Fifth District (2015) Positive Treatment
Cited by 7 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the final judgment of foreclosure except to the extent it provides that Greentree Servicing, LLC’s mortgage is superior to Appellant’s lien. Quite simply, there was no competent evidence presented by either party that would establish which one had a superior interest. On remand, either party may request an evi-dentiary hearing to resolve this issue. Schroth v. Cape Coral Bank, 377 So.2d 50 (Fla. 2d DCA 1979).

AFFIRMED, in part; REVERSED, in part; and REMANDED.

ORFINGER, PALMER and EVANDER, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


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  • State v. Liles, 191 So. 3d 484 (Fla. 5th DCA 2016)
    …it to the administration of the blood test; The blood test shall be performed in a reasonable manner. Notwithstanding s. 316.1932, the testing required by this paragraph need not be incidental to,a lawful arrest of the person. In Williams v. State, 167 So. 3d 483, 490-91 (Fla. 5th DCA 2015), review granted, No. SC15-1417, 2015 WL 9594290 (Fla. Dec. 30, 2015), this Court recognized that statutory implied consent -was not equivalent to Fourth Amendment consent, explaining that valid consent has long been recog…
  • …r party presented competent evidence to establish which one had a superior interest in the condo. Thus, on remand, either party may request an evidentiary hearing to resolve this issue. See Hidden Ridge Condo. Homeowners v. Greentree Servicing, LLC, 167 So. 3d 483, 483 (Fla. 5th DCA 2015).…
  • Fogarty v. Nationstar Mortg., LLC, 224 So. 3d 313 (Fla. 5th DCA 2017)
    …Because neither party presented competent evidence to establish which one had a superior interest, “[o]n remand, either party may request an evidentiary hearing to resolve this issue.” See Hidden Ridge Condo. Homeowners v. Greentree Servicing, LLC, 167 So. 3d 483 (Fla. 5th DCA 2015) (citing Schroth v. Cape Coral Bank, 377 So. 2d 50 (Fla. 2d DCA 1979)). AFFIRMED in Part; REVERSED in Part; and REMANDED with Instructions. PALMER and LAMBERT, JJ., concur.…

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