LAPINSKI v. GREEN TREE SERVICING LLC LLC (2018)

District Court of Appeal of Florida, Fifth District.

James LAPINSKI and Patricia Lapinski, Appellants, v. GREEN TREE SERVICING, LLC, Green Emerald Homes, LLC, Alexandria Pointe Homeowners Association, Inc., Appellees.

Case No. 5D17–445

Decided: February 09, 2018

James Lapinski and Patricia Lapinski, Port Orange, pro se. Christopher R. Evans and Douglas R. Sargent, of Locke Lord LLP, West Palm Beach, and Charles P. Gufford, of McCalla Raymer Leibert Pierce, LLC, Orlando, for Appellee, Green Tree Servicing, LLC. Mark P. Stopa, of Stopa Law Firm, Tampa, for Appellee, Green Emerald Homes, LLC. No Appearance for Other Appellee.

We affirm the summary final judgment of foreclosure entered in favor of Appellee, Green Tree Servicing, LLC, without further discussion, except that we strike from paragraph ten of the judgment any reference to the trial court later entering a deficiency judgment against Appellants. Appellee agreed to waive the right to pursue any deficiency claim against Appellants as part of their settlement to resolve the case below.

FINAL JUDGMENT AFFIRMED, AS MODIFIED.

PER CURIAM.

EVANDER, LAMBERT and EISNAUGLE, JJ., concur.

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