Third District Court of Appeal
State of Florida
Opinion filed May 20, 2015.
Not final until disposition of timely filed motion for rehearing.
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No. 3D14-2137
Lower Tribunal No. 14-7210
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3L Real Estate LLC, etc.,
Appellant,
vs.
Upstate Enterprises, LLC, etc.,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Jerald Bagley,
Judge.
Raul E. Espinoza, for appellant.
Bradley W. Butcher (Fort Myers), for appellee.
Before ROTHENBERG, SALTER and FERNANDEZ, JJ.
PER CURIAM.
Plaintiff/counter-defendant/appellant 3L Real Estate LLC appeals to this
Court the trial court’s Final Judgment to Quiet Title to Real Property and for
Reforeclosure, as well as the trial court’s non-final order granting
defendant/counter-plaintiff/appellee Upstate Enterprises LLC’s Motion to Compel
Plaintiff/Counter-Defendant to Exercise Right of Redemption. Appellee agrees
with appellant that as a result of the mortgagee’s failure to name the appellant in
the underlying mortgage foreclosure, the appellant’s February 19, 2014 Certificate
of Title was void, and the trial court’s order compelling appellant to redeem the
property constituted error. Accordingly, based on appellee’s concession of error,
we reverse the Final Judgment to Quiet Title to Real Property and for
Reforeclosure entered on August 5, 2014, as well as the trial court’s Order on
appellee’s Motion to Compel entered on June 4, 2014, and remand to the trial court
for further proceedings consistent with this opinion.
Reversed and remanded.
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