Central Mortgage Company v. Callahan
155 So. 3d 373
| Fla. Dist. Ct. App. | 2014Background
- Central Mortgage foreclosed in 2011; final judgment declared Central’s lien superior except as to any condominium/HOA assessments that are superior under section 718.116.
- Final judgment reserved jurisdiction generally to "enter further orders that are proper, including, without limitation, writs of possession and deficiency judgments."
- After obtaining title, Central requested estoppel letters; three associations claimed unpaid assessments dating back to 2008–2010 (totaling roughly $27k).
- Central filed a post-judgment motion (outside former 10-day Rule 1.530(g) period) seeking a judicial determination of amounts due to the Associations under sections 718.116 and 720.3085.
- The trial court denied the motion for lack of jurisdiction; Central appealed.
Issues
| Issue | Plaintiff's Argument (Central) | Defendant's Argument (Associations / Trial Court) | Held |
|---|---|---|---|
| Whether the court retained jurisdiction post-judgment to determine statutory assessments | The court has inherent jurisdiction to enforce its judgments and a general reservation clause preserved jurisdiction to determine assessments | Jurisdiction was not specifically reserved for assessing amounts; general reservation is insufficient post-judgment | The court lacked jurisdiction to determine assessments; denial affirmed |
Key Cases Cited
- Ross v. Damas, 31 So. 3d 201 (Fla. 3d DCA 2010) (post-judgment jurisdiction is lost after the motion period unless jurisdiction was specifically reserved or allowed by statute)
- Huml v. Collins, 739 So. 2d 633 (Fla. 3d DCA 1999) (courts retain inherent jurisdiction to enforce dissolution judgments)
- Kennedy v. Kennedy, 638 So. 2d 577 (Fla. 3d DCA 1994) (dissolution courts retain enforcement jurisdiction even without specific reservation)
- Harrell v. Harrell, 515 So. 2d 1302 (Fla. 3d DCA 1987) (reservation of jurisdiction must be specific to allow post-judgment matters)
- Ross v. Wells Fargo Bank, 114 So. 3d 256 (Fla. 3d DCA 2013) (general reservation clause did not permit post-judgment supplemental pleading or re-foreclosure)
- Superior Uniforms, Inc. v. Brown, 221 So. 2d 214 (Fla. 3d DCA 1969) (a court cannot impose a new duty not previously adjudicated)