Opinion
No. 3D19-796
03-18-2020
YACHT CLUB AT PORTOFINO CONDOMINIUM ASSOCIATION, INC., et al., Appellants, v. J.P. MORGAN CHASE BANK, N.A., Appellee.
Halpern Rodriguez, LLP, and Marc A. Halpern, Melissa I. Softness, and Priscilla S. Zaldivar, for appellants. Lerman & Whitebook, P.A., and Carlos D. Lerman (Hollywood), for appellee.
Halpern Rodriguez, LLP, and Marc A. Halpern, Melissa I. Softness, and Priscilla S. Zaldivar, for appellants.
Lerman & Whitebook, P.A., and Carlos D. Lerman (Hollywood), for appellee.
Before EMAS, C.J., and HENDON and GORDO, JJ.
PER CURIAM.
Affirmed. See § 695.11, Fla. Stat. (2019) ("All instruments which are authorized or required to be recorded in the office of the clerk of the circuit court of any county in the State of Florida, and which are to be recorded in the ‘Official Records’ ... shall be deemed to have been officially accepted by the said officer, and officially recorded, at the time she or he affixed thereon the consecutive official register numbers ..., and at such time shall be notice to all persons."); see also § 57.105(1), Fla. Stat. (2019) (permitting an aggrieved party to recover fees for any unsupported claims where "the court finds that the losing party or the losing party's attorney knew or should have known that a claim or defense ... at any time before trial" was factually or legally unsupported); Albritton v. Ferrera, 913 So. 2d 5, 10 (Fla. 1st DCA 2005) ("[O]nce a party learns its claim or defense is not supported by the facts or law, it must drop the claim or defense, or risk imposition of section 57.105 attorney's fees on the non-meritorious claim or defense.").