final until disposition of timely filed motion for rehearing.
appeal from the Circuit Court for Miami-Dade County, Lower
Tribunal No. 17-19708, Pedro P. Echarte, Jr., Judge.
Herbert B. Dell, P.A., and Herbert B. Dell (Fort Lauderdale),
Rodriguez IV, P.A., and Roniel Rodriguez IV, for appellee.
SALTER, MILLER, and GORDO, JJ.
Young Land USA, Inc., seeks review of an order granting final
summary judgment and quieting title to certain parcels of
property in Miami-Dade County, Florida. Appellant contends
that the lower tribunal erred in declaring that the realty is
owned, without encumbrance, by appellee, Credo LLC, the
purchaser at various execution sales conducted by the
sheriff, as its lien was improperly
extinguished. For the reasons articulated below, we
years after two separate judgment liens were recorded against
property owned by a judgment debtor in the public records of
Miami-Dade County, the debtor quitclaimed his real property
holdings, consisting of several parceled lots, to appellant,
an entity controlled by his sister. The same day, the debtor
executed a mortgage, conveying an interest in the property to
appellant, without receiving value in exchange. Thereafter,
appellant recorded the mortgage.
one month later, appellant quitclaimed the subject property
through four separate deeds: the first parcel back to the
debtor; the second parcel to an assumed identity concededly
used by the debtor; the third parcel jointly to the debtor
and an entity; and the fourth parcel to a different entity.
years later, the judgment holders each separately obtained
writs of execution for the multiple parcels, and the
Miami-Dade County Sheriff scheduled consecutive judicial
sales of the subject property. Between the sales, appellant
executed and recorded a satisfaction of its
mortgage. Appellee was the successful bidder at the
filed suit in the lower tribunal seeking to quiet title,
asserting the judgment liens were superior to any other
encumbrance, the satisfaction of mortgage extinguished any
interest held by appellant in the property, and the unfunded
mortgage was the product of a fraudulent transfer effected to
thwart the collection efforts of the judgment holders.
Appellant filed a counterclaim seeking to foreclose its
mortgage, contending its interest in the property was
paramount. The trial court granted final summary judgment on
both the primary claim and counterclaim in favor of appellee.
The instant appeal ensued.
judgment is proper if there is no genuine issue of material
fact and if the moving party is entitled to a judgment as a
matter of law." Volusia Cty. v.Aberdeen at
Ormond Beach, L.P., 760 So.2d 126, 130 (Fla. 2000)
(citing Menendez v. Palms W. Condo. Ass'n, 736
So.2d 58 ...