JASON MOJICA, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Saar v. Wellesley at Lake Clarke Shores Homeowners Ass'n, Inc., 68 So. 3d 417 (Fla. 4th DCA 2011)
  …alleged that at the time of filing there were delinquent unpaid assessments in the amount of $1,076, that was untrue. Only interest and attorney’s fees had not been paid, according to the testimony. In George v. Beach Club Villas Condominium Ass’n, 833 So. 2d 816 (Fla. 3d DCA 2002), the court held that it is improper to “piggyback” unpled claimed assessments on top of those claimed in the claim of lien and the foreclosure complaint. “[T]he Florida Rules of Civil Procedure still require parties to give their…
• Miller v. Evergreen Lakes Homeowners Ass'n, Inc., 19 So. 3d 1089 (Fla. 4th DCA 2009)
  …ril 2008, as well as their corresponding late fees, and two $390.72 special assessments that had been due on May 15, 2007, and June 15, 2007, plus their corresponding late fees. We find that pursuant to George v. Beach Club Villas Condominium Ass’n, 833 So. 2d 816 (Fla. 3d DCA 2002), the trial court correctly awarded to the Association the recurring maintenance assessments from 2006 through the date of the order, but incorrectly awarded the two special assessments that the Association had never pleaded. See i…
• Losner v. The Australian OF Palm Beach Condo. Ass'n, Inc., 139 So. 3d 986 (Fla. 4th DCA 2014)
  …[,]” but it does not refer to additional assessments for other purposes, such as separate assessments that are assessed against an owner after the time the complaint to foreclose on a claim of lien is filed. George v. Beach Club Villas Condo. Ass’n, 833 So. 2d 816, 819-20 (Fla. 3d DCA 2002). In George, the Third District reversed an award of additional assessments that were not contained in the association’s pleadings, concluding that litigating these additional assessments violated the owner’s due process ri…