Carlos Gabriel Carus, Jr., Appellant, v. Gladys Fidelia, Appellee. (2024)

District Court of Appeal of Florida, Third District.

Carlos Gabriel Carus, Jr., Appellant, v. Gladys Fidelia, Appellee.

No. 3D23-0281

Decided: April 10, 2024

Before FERNANDEZ, MILLER and LOBREE, JJ.

Kenzie N. Sadlak, P.A. and Kenzie N. Sadlak, for appellant. Topouzis & Associates, P.C., and Tyler E. Mesmer, for appellee.

Affirmed. See § 720.3085(2)(b), Fla. Stat. (2022) (“A parcel owner is jointly and severally liable with the previous parcel owner for all unpaid assessments that came due up to the time of transfer of title.”); Villas of Windmill Point II Prop. Owners’ Ass'n, Inc. v. Nationstar Mortg., LLC, 229 So. 3d 822, 824 (Fla. 4th DCA 2017) (“[U]nder section 720.3085(2)(c), [the third-party purchaser] does indirectly benefit from the safe harbor provision because, under section 720.3085(2)(b), it is jointly and severally liable with the prior parcel owner ․ for all unpaid assessments due up to the time of transfer of title, and [the prior parcel owner] did qualify for the safe harbor provision.”); Cong. Park Off. Condos II, LLC v. First-Citizens Bank & Tr. Co., 105 So. 3d 602, 608 (Fla. 4th DCA 2013) (“If the incomplete discovery will not raise future disputed issues of material fact, summary judgment may be properly granted.” (quoting Osorto v. Deutsche Bank Nat'l Tr. Co., 88 So. 3d 261, 263 (Fla. 4th DCA 2012))).

PER CURIAM.

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