JAY T. BUSH AND VIVIAN JONES, APPELLANTS,
v.
ANNETTE FIORE, F/K/A ANNETTE M. BROOKS, DOUGLAS LOVINS, DONNA COOK, DATTINI PROPERTIES, INC., D/B/A CENTURY 21-DATTINI PROPERTIES, SECURITY TITLE & ESCROW COMPANY, AND KENNETH HEYDER, ESQ., APPELLEES
PER CURIAM.
This case arose out of appellants’ purchase of a home. In their thirteen-count sixth amended complaint, they contended that various people involved in the sale made misrepresentations to them concerning the patio and pool’s encroachment upon utility easements. Appellants lost the house in a foreclosure proceeding. The circuit court granted summary judgment in favor of appellees on the ground that appellants had no standing to proceed because they had lost their interest in the home as a result of the foreclosure.
We reverse. Even though they no longer owned the property, appellants had standing to proceed on their damage claims. Poinciana Mobile Home Park, Inc. v. Key West Villas Mobile Homeowners Ass’n., 622 So. 2d 185 (Fla. 3d DCA 1993), is not controlling because it does not indicate the nature of the lawsuit giving rise to the appeal, which the third district dismissed as moot. Reversing on the standing issue alone, we express no opinion as to the viability of any cause of action stated in the sixth amended complaint.
KLEIN, GROSS and MAY, JJ., concur.
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FCD Dev., LLC v. S. Fla. Sports Comm., Inc., 37 So. 3d 905 (Fla. 4th DCA 2010)…lis pendens bond in October 2006, while it still owned the property (it quitclaimed the property to Samjaz in December 2006), the trial court did not err in holding that SFSC had standing. Accordingly, we affirm on that argument. See Bush v. Fiore, 899 So. 2d 1144, 1145 (Fla. 4th DCA 2005) (holding the trial court erred in finding the appellants lacked standing to proceed in their misrepresentation action and held that although the appellants no longer owned the house, because they lost it to a foreclosure, t…
Authorities Cited
- Rollins v. S. Bell & Fla. Unemployment Appeals Comm'n, 622 So. 2d 185 (Fla. 3d DCA 1993)
- Poinciana Mobile Home Park, Inc. v. KEY W. Villas Mobile Homeowners Ass'n, Inc., 622 So. 2d 185 (Fla. 3d DCA 1993)