G & G 1016 LLC
v.
HERON BAY COMMUNITY ASSOCIATION

Fla. 4th DCA | 2023-04-05
No. 22-0036
Florida District Court of Appeal, Fourth District (2023)

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Holding

The court held that while the trial court may have erred in distributing surplus funds to a third-party purchaser, the appellant failed to timely appeal that order and could not seek relief under Rule 1.540(b) for substantive legal error.


Facts & Procedural History

Following a lien foreclosure sale, surplus funds remained. The trial court initially ordered distribution of these surplus funds to the winning third-…

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Opinion of the Court

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Michael A. Robinson, Judge; L.T. Case No. CACE18010490.

Jason Bravo of The Bravo Law Firm, PLLC, Coral Gables, for appellant. No brief filed for appellee Heron Bay Community Association, Inc. Yamila Lorenzo and Ryan M. Clancy of Ainsworth + Clancy, PLLC, Miami, for appellee 1722 Investment Inc.

PER CURIAM. Affirmed. GROSS, DAMOORGIAN and KUNTZ, JJ., concur.

* * * Not final until disposition of timely filed motion for rehearing.


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