Opinion
No. 5D01-1448.
April 26, 2002.
Appeal from the Circuit Court for Orange County, Jeffords D. Miller, Judge.
Matt G. Firestone of Pohl Short, P.A., Winter Park, for Appellant.
Joseph E. Foster of Akerman, Senterfitt Eidson, P.A., and Kelton M. Farris of Suntrust Legal Department, Orlando, for Appellee.
AFFIRMED. See § 718.116(b)(1), Fla. Stat. (2001)("[t]he liability of a first mortgagee or its successor or assignees who acquire title to a unit by foreclosure or by deed in lieu of foreclosure for the unpaid assessments that became due prior to the mortgagee's acquisition of title is limited to the lesser of: 1. The unit's unpaid common expenses and regular periodic assessments which accrued or came due during the 6 months immediately preceding the acquisition of title and for which payment in full has not been received by the association; or 2. One percent of the original mortgage debt") (emphasis added).
THOMPSON, C.J., PALMER and ORFINGER, R. B., JJ., concur.