A.M. HOCHSTADT, APPELLANT,
v.
THE SANCTUARY HOMEOWNER'S ASSOCIATION, INC., APPELLEE
A.M. HOCHSTADT, APPELLANT,
THE SANCTUARY HOMEOWNER'S ASSOCIATION, INC., APPELLEE
695 So. 2d 1324
Florida District Court of Appeal, Fourth District (1997)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We affirm except for the issue involving whether the foreclosure judgment extinguished appellant’s cross-claim against the Sanctuary for waste. We conclude that the trial court erred in that regard, and reverse and remand so that Hochstadt, in his capacity as holder of the third mortgage, can pursue his claim for waste against the Sanctuary. We agree with the Sanctuary, however, that Hochstadt’s claim for waste would not include real estate taxes which the Sanctuary failed to pay after it had taken title to the property.
GLICKSTEIN, KLEIN and PARIENTE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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A.M. Hochstadt v. Sanctuary Homeowners Ass'n, Inc., 882 So. 2d 1094 (Fla. 4th DCA 2004)…ry had an obligation to pay. The court ultimately dismissed or granted summary judgment on all of the claims. On appeal, this court affirmed as to most of the issues but reversed on the claim of waste. Hochstadt v. Sanctuary Homeowner’s Ass’n, Inc., 695 So. 2d 1324, 1324 (Fla. 4th DCA 1997) (“Sanctuary I”). We remanded for a new trial but specifically stated that the claim for waste against Sanctuary would not include a claim for taxes that Sanctuary failed to pay after it had taken title to the property. Id.…
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A.M. Hochstadt v. Sanctuary Homeowners Ass'n, Inc., 936 So. 2d 652 (Fla. 4th DCA 2006)…PER CURIAM. In Hochstadt v. Sanctuary Homeowner’s Ass’n, 695 So. 2d 1324 (Fla. 4th DCA 1997), this court reversed a summary judgment, concluding that a prior foreclosure judgment did not extinguish Appellant’s claim for waste for which there were issues of fact. This holding became the law of the case. After further liti…