Neuteleers v. Patio Homeowners Ass'n
114 So. 3d 299
| Fla. Dist. Ct. App. | 2013Background
- HOA sought injunctive relief to compel proof of property and hazard insurance under the declaration; the complaint did not attach the declaration, only the insurance provision.
- Silberschatz answered; Neuteleers defaulted; Association moved for summary judgment; trial court entered final summary judgment against both.
- Nine months later, an affidavit alleged noncompliance with the final judgment; about a year after judgment, Neuteleers and Silberschatz moved to vacate, which was denied; attorney’s fees order followed.
- Silberschatz argued failure to state a cause of action waived defense because not raised prior to final judgment; court treated waiver as applicable to Silberschatz.
- Neuteleers argued the complaint failed to state a cause of action due to missing the declaration and lack of notice; court concluded the complaint facially stated a cause of action and authority to enforce the declarations existed.
- Court affirmed; reserved issues regarding potential homestead lien, noting no lien yet created and possibility to raise that claim if asserted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does failure to state a cause of action void final judgment against Silberschatz? | Silberschatz argues complaint lacked state action. | Silberschatz contends defective complaint voids judgment. | Waived defense; no voiding effect on judgment. |
| Did Neuteleers’ default allow vacating the judgment for lack of a state action? | Complaint facially stated an action to enforce declarations. | Default supports vacatur where complaint lacks state action. | Complaint stated a cause of action; not voided by default. |
| Did the association have authority to bring the action and was the declaration properly before the court? | Statute authorizes equitable action to enforce declarations; declaration need not be attached at filing if pleaded. | Attachment of declaration is necessary to show compliance with prerequisites. | Authority to enforce declarations exists; declaration not required to be attached at filing for state action. |
| Was there reversible error about notice for hearing on relief from judgment and about attorney’s fees lien on homestead? | Notice issues violated due process; lien on homestead alleged. | No record to show lack of notice; lien claim not yet established. | No reversible error shown; lien issue reserved for future proceedings. |
Key Cases Cited
- Hawkins v. Williams, 200 So.2d 800 (Fla.1967) (failure to state a cause of action appears on the face of the complaint)
- Lee & Sakahara Assocs., AIA, Inc. v. Boykin Mgmt. Co., 678 So.2d 394 (Fla.4th DCA 1996) (waiver where defense not raised before judgment)
- Becerra v. Equity Imports, Inc., 551 So.2d 486 (Fla.3d DCA 1989) (failure to state a cause of action may render void a default judgment)
- Nationwide Mut. Fire Ins. Co. v. Vosburgh, 480 So.2d 140 (Fla.4th DCA 1985) (appellate authority to seek relief from judgment in certain actions)
- Alorda v. Sutton Place Homeowners Association, Inc., 82 So.3d 1077 (Fla.2d DCA 2012) (injunction not available where adequate remedy at law exists and declaration not attached)