389 So. 2d 1226 | Fla. Dist. Ct. App. | 1980
Jerry Allender appeals from a final summary judgment in favor of First Federal Savings & Loan Association. The trial court ordered that a deficiency judgment held by the Savings & Loan against Bryan
According to the record, Gordon transferred the property to Allender, as trustee, by deeds dated February 13, 1974 and January 29, 1976.
In his first point on appeal, appellant argues that imposition of a section 55.10, Florida Statutes (1979), lien is improper absent a showing that a certified copy of the judgment was filed in the public records as required by section 55.10(1). Smith v. Venus Condominium Ass’n, Inc., 352 So.2d 1169 (Fla.1978). The Savings and Loan notes that this issue was raised for the first time on appeal and that section 55.10 is inapplicable since this action is in the nature of a creditor’s bill and not an attempt to impose a statutory lien. Since we must reverse and remand on the second point, appellant will have the opportunity to raise the issue of the sufficiency of the complaint as a creditor’s bill before the trial court; and the trial court will have the first chance
As to appellant’s second point, we agree that the record shows material questions of fact which preclude summary judgment,
REVERSED and REMANDED.
. The January 29, 1976 deed has an attached schedule which states “AS A RESULT OF A DISSOLUTION OF MARRIAGE BETWEEN DOROTHY C. GORDON AND BRYAN GORDON, JR., THIS DEED IS GIVEN PURSUANT TO THE PROPERTY SETTLEMENT AGREEMENT BETWEEN THE PARTIES.”
. Except for fundamental error, issues must be tried before the trial court and matters raised for the first time on appeal will not be considered. E. g., Hartley v. Florida E. Coast Ry. Co., 339 So.2d 630 (Fla. 1976); Jaruagua Enterprises, Inc. v. Dom, Inc., 339 So.2d 702 (Fla.3d DCA 1976); J. E. Morton v. Rifai, 339 So.2d 707 (Fla. 1st DCA 1976).
. See generally Robinson v. Springfield Co., 21 Fla. 203 (1885); 13 Fla.Jur.2d Creditor’s Rights §§ 280, 287 (1979).
. See First State Bank v. Fitch, 105 Fla. 435, 141 So. 299 (1932); Clafin v. Ambrose, 37 Fla. 78, 19 So. 628 (1896); 13 Fla.Jur.2d Creditors’ Rights § 289 (1979); see also Hillsborough County v. Dickenson, 125 Fla. 181, 169 So. 734 (1936); First Nat. Bank of Chipley v. Peel, 107 Fla. 413, 145 So. 177 (1933); Macfarlane v. Dorsey, 49 Fla. 341, 38 So. 512 (1905); 19 Fla.Jur. Judgments and Decrees § 196 (1958).
. Holl v. Talcott, 191 So.2d 40 (Fla.1966).