Summary
In Hochstadt v. Sanctuary Homeowner's Ass'n, 695 So.2d 1324 (Fla. 4th DCA 1997), this court reversed a summary judgment, concluding that a prior foreclosure judgment did not extinguish Appellant's claim for waste for which there were issues of fact.
Summary of this case from Hochstadt v. Sanctuary HomeownersOpinion
Case No. 95-1122
Opinion filed July 9, 1997
Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; James T. Carlisle, Judge; L.T. Case No. 88-8745 AH.
J. Steven Warner of J. Steven Warner, P.A., Fort Lauderdale, for appellant.
Daniel S. Rosenbaum and Karen E. Roselli of Becker Poliakoff, P.A., West Palm Beach, for appellee.
We affirm except for the issue involving whether the foreclosure judgment extinguished appellant's cross-claim against the Sanctuary for waste. We conclude that the trial court erred in that regard, and reverse and remand so that Hochstadt, in his capacity as holder of the third mortgage, can pursue his claim for waste against the Sanctuary. We agree with the Sanctuary, however, that Hochstadt's claim for waste would not include real estate taxes which the Sanctuary failed to pay after it had taken title to the property.
GLICKSTEIN, KLEIN and PARIENTE, JJ., concur.