final until disposition of timely filed motion for rehearing.
Appeal from the Circuit Court for Miami-Dade County, No.
12-47813 Pedro P. Echarte, Jr., Judge.
Bravo, P.A., and Paul Alexander Bravo, for appellant.
GrayRobinson, P.A., and Kristie Hatcher-Bolin (Lakeland), for
appellee, JPMorgan Chase Bank, N.A.
ROTHENBERG, C.J., and EMAS and LUCK, JJ.
CWELT-2008 LLC ("CWELT"), the third-party purchaser
at a foreclosure sale, seeks review of an order vacating a
certificate of sale and a certificate of title, following the
trial court's earlier order vacating a final judgment of
foreclosure. We affirm, because the order on appeal was
properly entered by the trial court pursuant to, and as a
result of, its earlier order vacating the final judgment.
foreclosure case at issue was filed by Yacht Club and
Portofino Condominium Association, Inc. ("the
Association") against unit owners Craig and Nicole
Snyder, for their failure to pay condominium assessments.
Prior to the Association's foreclosure case, the
Snyders' mortgage company, JP Morgan Chase Bank, N.A.
("JP Morgan"), had also filed a foreclosure action
against the Snyders.
Association's foreclosure action, JP Morgan was named a
party defendant, based upon the interest it claimed in the
property by virtue of a prior mortgage. However, JP Morgan
was not properly served with the complaint in the
Association's case, and JP Morgan never answered the
complaint (nor did the Snyders). Following entry of a summary
final judgment in favor of the Association on June 16, 2014,
the Snyders' unit was sold at a foreclosure sale, and
CWELT was the successful bidder. On August 1, 2014 the
certificate of sale to CWELT was issued and two weeks later,
the certificate of title as well.
months later, on February 11, 2015, JP Morgan moved to quash
service of process and set aside the summary final judgment,
asserting it had not been properly served with process and,
therefore, the subsequent judgment was void. On June 17,
2015, the trial court granted the motion and vacated the
final judgment, finding that service of process on JP Morgan
was defective, rendering the final judgment void.
16, 2015, a month after the trial court's order vacating
the final judgment, JP Morgan filed a motion seeking to
unwind the foreclosure sale and to vacate the certificates of
sale and title. The following day, CWELT filed a notice of
appeal seeking review of the trial court's order vacating
the final judgment. However, CWELT failed to timely file its
initial brief. This court issued an order advising CWELT of
same and advising that the appeal would be subject to
dismissal if an initial brief was not filed within ten days.
No initial brief was thereafter filed and, on February 5,
2016, this court dismissed CWELT's appeal for its failure
to diligently prosecute the appeal. See 90 CWELT-2008,
LLC v. Snyder, 208 So.3d 1181 (Fla. 3d DCA 2016)
March 21, 2017 (more than a year after CWELT's initial
appeal was dismissed) the trial court granted JP Morgan's
motion to vacate the certificates of sale and title. This
appeal, CWELT contends: (1) the trial court had no authority
to vacate the final judgment because the motion was not
timely filed; and (2) even if the trial court did have such
authority to vacate the final judgment, it erred in
subsequently vacating the certificates of sale and title
because CWELT was a bona fide purchaser without notice of JP
first challenges the propriety of the order vacating the
final judgment. However, the only order on appeal is the
order vacating the certificate of sale and certificate of
title. Having abandoned its prior appeal of the order
vacating the final judgment (resulting in a dismissal of that