Harvard Financial Services, LLC, RJR Charitable Holdings, LLC, and Tessa Iacoboni, Appellants,
Astra Remy-Calixte, Appellee.
final until disposition of timely filed motion for rehearing.
Appeals from the Circuit Court for Miami-Dade County Lower
Tribunal Nos. 07-13137, 16-7194, 16-2863, Jacqueline Hogan
Offices of Paul Morris, P.A., and Paul Morris; Beighley,
Myrick, Udell & Lynne, and Maury L. Udell; Roniel
Rodriguez, IV, for appellants.
Chusid, LLP, and Shawn R. Horwick, and Gary S. Rosner (Coral
Springs), for appellee.
SALTER, FERNANDEZ, and LINDSEY, JJ.
Financial, RJR Charitable Holdings, and Tessa Iacoboni appeal
an order granting Remy-Calixte's two motions for relief
pursuant to Florida Rule of Civil Procedure 1.540 and her
motion for summary judgment. For the reasons set forth below,
appeal arises from a 2007 foreclosure action (the "2007
Foreclosure Action") that Residential Funding Company
brought against Derrick Marbles, Ramon Garcia, and Janice
Gessa, three owners of a residential property in Biscayne
Park (the "Property"). The procedural history is
extensive. We set forth in detail the
relevant record facts as follows.
after the 2007 Foreclosure Action was filed, three separate
money judgments were entered against Marbles. In the 2007
Foreclosure Action, the trial court entered final summary
judgment (the "2007 Foreclosure Judgment") in favor
of Residential, and Residential purchased the Property at a
foreclosure sale. After learning that Marbles, Garcia, and
Gessa did not receive notice of the sale, Residential moved
to vacate the sale, certificate of sale, and certificate of
title. Residential did not move to vacate the 2007
Foreclosure Judgment. The court granted Residential's
motion but also vacated the 2007 Foreclosure
Judgment by way of an order entered January 31, 2008
(the "January 2008 Vacatur Order"). Over one year
later, on July 29, 2009, the court dismissed the 2007
Foreclosure Action for lack of prosecution (the "July
2009 Dismissal Order").
four months after the trial court entered the July 2009
Dismissal Order, Residential filed a motion to reschedule the
foreclosure sale. The trial court granted this motion.
Residential, again the highest bidder, obtained certificate
of title.Residential then executed a
special warranty deed to Wells Fargo; Wells Fargo
executed a special warranty deed to Providence
Investment Group; and in December 2012, Providence executed a
warranty deed to Remy-Calixte, the appellee.
February 2015, Gessa and Garcia (two of the three original
owners of the Property) transferred their interest to
appellant RJR Charitable Holdings. In October 2015, two of
the three 2007 money judgments against Marbles were assigned
to Harvard Financial, also an appellant herein. Harvard
sought and obtained in the trial court an order directing the
levy and sale of the Property.
February 2016, in a new civil action, Remy-Calixte,
represented by counsel retained by the title insurer, sought
to enjoin the sheriff's sale. Harvard filed an action for
declaratory relief and to foreclose its judgment lien on
Marbles's interest in the Property. Harvard was later
joined by cross-claimant Tessa Iacoboni, the remaining party
with a 2007 money judgment against Marbles. The circuit court
granted Remy-Calixte's motion to stay the foreclosure
sale, which was affirmed on appeal. Both
cases-Remy-Calixte's injunction action and
Harvard/Iacoboni's foreclosure action-were then
moved for summary judgment seeking to quiet title. She also
filed two motions pursuant to Rule 1.540 seeking to vacate
(1) the January 2008 Vacatur Order (which vacated the 2007
Foreclosure Judgment) and (2) the July 2009 Dismissal Order
(which dismissed the 2007 Foreclosure Action) for lack of
prosecution. In March 2017, the circuit court entered final
summary judgment in favor of Remy-Calixte, finding that she
was the successor in interest to Residential and an innocent
bona fide purchaser for value. The court also granted
Remy-Calixte's two Rule 1.540 motions, finding (1) that
the January 2008 Vacatur Order was a clerical error and the
portion of that order ...