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2010-3 SFR VENTURE, LLC v. GARCIA

No. 4D13-1992.

149 So.3d 123 (2014)

2010-3 SFR VENTURE, LLC, Appellant, v. Melissa A. GARCIA; Unknown Spouse of Melissa A. Garcia; Unknown Tenant I; Unknown Tenant II; Boca Gardens Homeowners Association, Inc.; Capital One Bank; Portfolio Recovery Associates, LLC; and any unknown heirs, devisees, grantees, creditors, and other unknown persons or unknown spouses claiming by, through and under any of the above named appellees, Appellees.

District Court of Appeal of Florida, Fourth District.

September 24, 2014.

Attorney(s) appearing for the Case

Curtis A. Wilson of McCalla Raymer, LLC, Orlando, for appellant.

John S. Bernstein of Tucker & Tighe, P.A., Fort Lauderdale, for appellee Boca Gardens Homeowners Association, Inc.

CIKLIN, J.

Appellant, 2010-3 SFR Venture, LLC ("the bank"), challenges a final judgment quieting title to property in favor of the Boca Gardens Homeowners Association, Inc. ("the association"), which extinguished the mortgage on the residential property held by the bank. We agree with the bank that, despite an adjudication on the merits in a prior action to foreclose the mortgage, res judicata does not render the mortgage...

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