Eluime H. Baker, a/k/a Eluine H. Baker, Appellant,
The Courts at Bayshore I Condominium Association, Inc., Appellee.
final until disposition of timely filed motion for rehearing.
Appeal from the Circuit Court for Miami-Dade County Lower
Tribunal No. 15-30066, Spencer Eig, Judge.
Flavell (Orlando), for appellant.
Association Law Group, P.L., and Douglas H. Stein, for
EMAS, C.J., and LOGUE and HENDON, JJ.
H. Baker ("Baker"), appeals from an order
correcting a scrivener's 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 scrivener's 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 court's order correcting the final judgment
pursuant to Florida Rule of Civil Procedure 1.540(a).
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 Baker's 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 granted.
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
purchaser's motion for writ of possession.
the sale and issuance of the certificate of title, the
Association moved for attorney's 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.
the third-party purchaser moved to amend the certificate of
title to correct what it described as a scrivener's 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 scrivener's error, but
a material error. The trial court did not rule on Baker's
motion for rehearing.
the amended certificate of title was issued, the Association
moved to correct the same scrivener's error contained in
the final judgment. The trial court granted the motion and
issued an order correcting the legal description recited in
the final judgment. Baker ...