Opinion
Case No. 2D16–4098
12-22-2017
BLOOMINGDALE TRAILS HOMEOWNERS' ASSOCIATION, INC., Appellant, v. Jeff W. WESTBROOK and The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders CWABS, Inc., Asset–Back Notes, Series 2006–SD1. Appellees.
Leslie M. Conklin, Clearwater, for Appellant. Dariel Abrahamy and Victor Kline of Greenspoon Marder, P.A., Boca Raton, for Appellee The Bank of New York Mellon fka The Bank of New York, As Trustee For the Certificateholders CWABS, Inc., Asset–Back Notes, Series 2006 SD1. No Appearance for Appellee Jeff W. Westbrook.
Leslie M. Conklin, Clearwater, for Appellant.
Dariel Abrahamy and Victor Kline of Greenspoon Marder, P.A., Boca Raton, for Appellee The Bank of New York Mellon fka The Bank of New York, As Trustee For the Certificateholders CWABS, Inc., Asset–Back Notes, Series 2006 SD1.
No Appearance for Appellee Jeff W. Westbrook.
PER CURIAM.Finding no merit in the substantive argument raised in this appeal, we affirm the judgment below. However, we remand for the circuit court to enter an amended final judgment of foreclosure that clarifies that the Bloomingdale Trails Homeowners' Association's lien on the subject property is not affected by the entry of the judgment. Cf. Fortune v. Hutchinson, 20 So.3d 476, 477 (Fla. 2d DCA 2009) (affirming and remanding for clarification where circuit court's declaratory judgment failed to indicate a litigant's type of "ownership interest" in certain property).
Affirmed; remanded with instructions.
KELLY, LUCAS, and SALARIO, JJ., Concur.