Eluime H. BAKER, a/k/a Eluine H. Baker, Appellant,
The COURTS AT BAYSHORE I CONDOMINIUM ASSOCIATION, INC., Appellee.
Appeal from the Circuit Court for Miami-Dade County, Spencer
Eig, Judge. Lower Tribunal No. 15-30066
Flavell (Orlando), for appellant.
Law Group, P.L., and Douglas H. Stein, for appellee.
EMAS, C.J., and LOGUE and HENDON, JJ.
H. Baker ("Baker"), appeals from an order
correcting a scriveners error in the final judgment of
foreclosure entered against Baker and in favor of The Courts
at Bayshore I Condominium Association, Inc. ("the
Association"). Because the scriveners error did not
exist prior to entry of the final judgment, but instead first
occurred upon entry of the final judgment itself, we affirm
the trial courts order correcting the final judgment
pursuant to Florida Rule of Civil Procedure 1.540(a).
FACTS AND PROCEDURAL BACKGROUND
was the owner of a condominium unit and a member of the
Association. In December 2015, the Association filed a
complaint seeking to foreclose on a statutory claim of lien
arising from Bakers failure to pay her share of condominium
assessments. The Association attached, as exhibits to the
complaint, the declaration of condominium, a duly recorded
claim of lien, and a notice of lis pendens. The complaint,
the declaration of condominium, the claim of lien, and the
notice of lis pendens each contained the correct legal
description of the property at issue. When Baker failed to
respond to the complaint, the Association moved for default,
and later for summary judgment, both of which the trial court
final summary judgment, however, while containing the correct
street address for the property, recited an incorrect legal
description. This erroneous legal description
was carried forward to the certificates of sale and title, as
well as to the subsequent order granting the third-party
purchasers motion for writ of possession.
Following the sale and issuance of the certificate of title,
the Association moved for attorneys fees. Baker moved for
disbursement of the remaining proceeds of the sale (including
disbursement of the surplus to Baker). The trial court
granted both motions and disbursed the remaining surplus of
the sales proceeds ($92,084.98) to Baker.
Thereafter, the third-party purchaser moved to amend the
certificate of title to correct what it described as a
scriveners error in the legal description. The trial court
granted the motion and amended the certificate of title
accordingly. Baker timely moved for rehearing, contending
that the error in the legal description was not merely a