GARCIA v. STEWART

No. 4D04-1836.

906 So.2d 1117 (2005)

Amado Evarito GARCIA, Appellant, v. Renee STEWART, Woodgate Condominium Association, Inc., John Tenant and Jane Tenant, Appellees.

District Court of Appeal of Florida, Fourth District.

Opinion Denying Rehearing July 27, 2005.


Attorney(s) appearing for the Case

Brenda Cox of Schilian, Watarz & Cox, P.A., Boca Raton, for appellant.

Ronald E. D'Anna and Jennifer J. Kramer of McClosky, D'Anna, Ioannou & Dieterle, LLP, Boca Raton, for appellees.


GROSS, J.

The former owner of a condominium unit, Amado Garcia, appeals from an order denying his motion attacking an order that disbursed surplus funds generated by a foreclosure sale of his unit arising from a second mortgage.

We reverse, holding that the circuit court lacked jurisdiction to distribute the funds to the holder of a lien superior to the second mortgage, after the lienholder had been dismissed as a party in the final judgment of foreclosure...

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