Miami-Dade County v. Second Sunrise Investment Corp.
Miami-Dade County v. Second Sunrise Investment Corp.
Opinion of the Court
Miami-Dade County appeals from a trial court order granting relief from judgment to a tax deed purchaser. We reverse.
In February of 2007, Second Sunrise Investment Corp. secured a deed to a parcel of property at a tax deed sale. That deed, which in accordance with Florida law provided “THIS DEED IS SUBJECT TO GOVERNMENTAL TAXES AND LIENS,” was encumbered by $59,294.38 in County code enforcement liens.
On March 11, 2007, Team Metro, the self-funding County department charged with enforcing code enforcement liens, sent a letter to Second Sunrise advising it of the amount due in order to satisfy the liens. Second Sunrise responded, requesting a reduction in the amount demanded. Two days later, on March 13, 2007, Second Sunrise filed a quiet title action against the property’s prior owner, joining the County because of the “pending code enforcement violation and orders and liens.” Although the County’s liens totaled $59,294.38, and the surplus in the Court Registry amounted to $22,383.23, the complaint alleged that “there are sufficient surplus funds from the tax deed sale to satisfy [the county’s code enforcement] liens.”
The Clerk of Court, Miami-Dade County, pursuant to Florida Statutes Section 197.582(2) shall disburse the surplus funds from the tax deed sale File number 06-525 to Miami-Dade County to the extent necessary to satisfy all liens held by Miami-Dade County.... Pursuant to Florida Statutes Section 197.552 any liens in favor of Miami-Dade County shall survive the issuance of the tax deed and are not effected [sic] by this judgment to the extent not satisfied by the surplus funds from the tax deed sale.
(Emphasis added).
Thereafter, on June 18, 2009, some twenty months later, Second Sunrise filed the instant “Motion for Return of Tax Deed Surplus and for Other Relief.” This motion made no reference to Florida Rule of Civil Procedure 1.540 or the basis on which it was asserting jurisdiction. The substance of the motion was Second Sunrise’s claim that some seven months prior to the October 30, 2007 final judgment quieting title, it had reached a settlement agreement with Team Metro (Miami-Dade County) whereby Team Metro had agreed to take $14,276.59 from the court registry surplus in full satisfaction of the County’s outstanding liens, and contrary to that agreement, the County had taken $22,383.23 from the surplus, leaving certain County Solid Waste liens unpaid.
At the hearing on this motion which followed, Second Sunrise presented a Team Metro internal form titled “Settlement Request Form to Supervisor.” This document, initialed by Team Metro supervisor Carmen Flores, stated the amounts Team Metro would be willing to accept as settlement for its liens. Ali Yasin, Second Sunrise’s principal, claimed that he obtained this document on April 5, 2007 at Team Metro’s offices, and although he could not remember with whom he had met to discuss this matter, it was settled when he noted “Mr. Maroof, Collect from Surplus” on the top of this document.
The County did not dispute below that Ms. Flores met with Mr. Yasin on April 5, 2007, or that she proposed compromising the County’s lien claims for $14,276.59.
On November 5, 2009, Second Sunrise’s motion was granted and the October 30, 2007 final judgment was “amended” to require the County to return to the court registry a portion of the funds paid pursuant to that judgment:
Plaintiffs motion for Return of Tax Deed Surplus is Granted. The Final Summary Judgment entered October 30,*85 2007 is amended to require Miami-Dade County to, within 30 days of this Order, redeposit $3462.83 in the Court registry towards payment of Solid Waste liens. The Clerk shall forthwith distribute said funds to the County’s Department of Sold Waste Management for payment of liens.
The County claims that this order must be reversed for a number of reasons, not the least of which is that the court below had no jurisdiction to enter it. We agree.
“Except as provided by Rules 1.530 and 1.540, Florida Rules of Civil Procedure, the trial court has no authority to alter, modify or vacate an order or judgment.” Shelby Mut. Ins. Co. of Shelby, Ohio v. Pearson, 236 So.2d 1, 3 (Fla. 1970); Bank One, N.A. v. Batronie, 884 So.2d 346, 348 (Fla. 2d DCA 2004) (“After rendition of a final judgment, the trial court loses jurisdiction over the case except to enforce the judgment and except as provided by rule 1.540.”); see also Bane v. Bane, 775 So.2d 938, 941 (Fla. 2000) (“[T]he one exception to the rule of absolute finality is rule 1.540, ‘which gives the court jurisdiction to relieve a party from the act of finality in a narrow range of circumstances.’ ”) (quoting Miller v. Fortune Ins. Co., 484 So.2d 1221, 1223 (Fla. 1986)).
We find no part of rule 1.540 which could be applied to provide the relief granted in this case. As to rule 1.540 provisions (b)(1), (2), and (3), the motion was untimely. There is no allegation that the underlying judgment was void, making provision (b)(4) inapplicable.
As to a claim under provision (b)(5),
Nor can it be claimed that “it is no longer equitable that the [Final Judgment] should have prospective application.” Fla. R. Civ. P. 1.540(b)(5). The law is clear that something must have happened after the entry of final judgment that should “equitably limit[ ]” the judgment’s application to satisfy this condition; here the alleged agreement occurred months before the October 30, 2007 final judgment. See Baker v. Baker, 920 So.2d 689, 692 (Fla. 2d DCA 2006) (“[T]his court has held that the equities mentioned in the rule’s fifth ground are limited to ones that come to fruition after the final judgment.”); see also Brindle v. Brindle, 994 So.2d 1174, 1176 (Fla. 3d DCA 2008); Hensel v. Hensel, 276 So.2d 227, 228 (Fla. 2d DCA 1973) (finding that “the equities spoken of in ground No. 5 of [rule 1.540(b) ] are those which come to fruition [a]fter a final judgment” and concluding that a judgment is “entitled to the ‘finality’ inherent in the concept of res judicata”).
Because Second Sunrise’s motion failed to invoke any basis for conferring jurisdiction under rule 1.540, the court below had no authority to entertain Second Sunrise’s “Motion for Return of Tax Deed Surplus and for Other Relief.” Accordingly, the November 5, 2009 order “amending]” the October 30, 2007 final judgment is reversed.
. Section 197.552, Florida Statutes (2010), provides in relevant part:
a lien of record held by a municipal or county governmental unit, special district, or community development district, when such lien is not satisfied as of the disbursement of proceeds of sale under the provisions of s. 197.582, shall survive the issuance of a tax deed.
. Mr. Maroof is another Team Metro supervisor that Mr. Yasin had dealt with in the past.
. Ms. Flores maintained that her initials on the settlement form indicated only a confirmation of the figures shown, and was never intended to signify her agreement to Mr. Ya-sin's proposal that the sum be taken from the surplus.
. Addressing that provision, Florida Rule of Civil Procedure Rule 1.540(b), provides:
On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, decree, order, or proceeding for the following reasons: ... (5) that the judgment or decree has been satisfied, released, or discharged, or a prior judgment or decree upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment or decree should have prospective application.
. The proposed "settlement amount” — $14,-276.59 — reflected on the "Settlement Request Form to Supervisor," clearly included the amounts due on Solid Waste liens. That is, if the parties actually reached the settlement alleged, the Solid Waste liens would have also been wiped out in accordance with that settlement. This makes the deed holder’s argument that an agreement had been reached and the amount paid to Team Metro over $14,276.59 had to be returned to the registry to satisfy pending Solid Waste liens, all the more specious.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.