BLOOMINGDALE TRAILS HOMEOWNERS ASSOCIATION INC v. WESTBROOK CWABS 2006 SD1 (2017)

District Court of Appeal of Florida, Second District.

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.

Case No. 2D16–4098

Decided: December 22, 2017

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.

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.

PER CURIAM.

KELLY, LUCAS, and SALARIO, JJ., Concur.

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