Lapinski v. Green Tree Servicing, LLC, 237 So. 3d 469 (2018)

Feb. 9, 2018 · District Court of Appeal of Florida, Fifth District · Case No. 5D17–445

237 So. 3d 469

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

District Court of Appeal of Florida, Fifth District.

Opinion filed February 9, 2018
Rehearing Denied February 27, 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.

PER CURIAM.

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.

EVANDER, LAMBERT and EISNAUGLE, JJ., concur.