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Baker v. The Courts at Bayshore I Condominium Association, Inc.

Florida Court of Appeals, Third District

September 18, 2019

Eluime H. Baker, a/k/a Eluine H. Baker, Appellant,
v.
The Courts at Bayshore I Condominium Association, Inc., Appellee.

         Not final until disposition of timely filed motion for rehearing.

          An Appeal from the Circuit Court for Miami-Dade County Lower Tribunal No. 15-30066, Spencer Eig, Judge.

          Robert Flavell (Orlando), for appellant.

          Association Law Group, P.L., and Douglas H. Stein, for appellee.

          Before EMAS, C.J., and LOGUE and HENDON, JJ.

          EMAS, C.J.

         INTRODUCTION

         Eluime 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).

         FACTS AND PROCEDURAL BACKGROUND

         Baker 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.

         The final summary judgment, however, while containing the correct street address for the property, recited an incorrect legal description.[1] 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.

         Following 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.

         Thereafter, 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.

         After 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 ...


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