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PETERSON v. LAKE SURPRISE II CONDO. ASSOC.

No. 3D13-352.

118 So.3d 313 (2013)

Mark F. PETERSON, Appellant, v. LAKE SURPRISE II CONDOMINIUM ASSOC., et al., Appellees.

District Court of Appeal of Florida, Third District.

July 31, 2013.

Attorney(s) appearing for the Case

Mark F. Peterson, in proper person.

Samuel A. Persaud ; Daniel C. Consuegra and Christopher Hixson , Seminole, for appellees.

Before SUAREZ and SALTER, JJ., and SCHWARTZ, Senior Judge.

SCHWARTZ, Senior Judge.

We find there is clear error in each of the two post-final default judgment of foreclosure orders challenged on appeal:

1) There is no lawful basis for the order granting a Fla. R. Civ. P. 1.540(b)(1) motion for relief from the default judgment, which was based upon the mortgagee's conscious and deliberate — but sadly mistaken — decision, made contrary to advice of counsel, that it was not necessary to answer the complaint...

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