Azran Miami 2 LLC v. Deutsche Bank Nat'l Trust Co.

• Decision Date: 25 September 2019
• Docket Number: No. 3D18-1394,3D18-1394
• Citation: 282 So.3d 924
• Parties: AZRAN MIAMI 2 LLC, Appellant, v. DEUTSCHE BANK NATIONAL TRUST COMPANY, etc., Appellee.
• Court: Florida District Court of Appeals

282 So.3d 924

AZRAN MIAMI 2 LLC, Appellant,
v.
DEUTSCHE BANK NATIONAL TRUST COMPANY, etc., Appellee.

No. 3D18-1394

District Court of Appeal of Florida, Third District.

Opinion filed September 25, 2019

Wesoloski Carlson, P.A., and Erik D. Wesoloski, Miami, for appellant.

McGlinchey Stafford, PLLC, and William L. Grimsley (Jacksonville), for appellee.

Before SALTER, HENDON and MILLER, JJ.

HENDON, J.

282 So.3d 926

Azran Miami 2 LLC ("Azran") appeals from a final judgment of foreclosure rendered in favor of Deutsche Bank National Trust Company, etc. ("Bank") in June 2018. We affirm.

The original owner of the property at issue defaulted in 2008, and the Bank sued to foreclose that same year. The case was dismissed in 2011 for failure to prosecute. In 2013, the property's condominium association sued for unpaid assessments, and a final judgment was rendered. The property owner declared bankruptcy, and Azran ultimately purchased the property at a foreclosure sale, and a certificate of title was issued to Azran in 2014. The Bank filed a new foreclosure action in 2015, naming Azran as a defendant.¹ The trial date was set for June 1, 2018. On March 21, 2018, the court issued a uniform order setting cause for a non-jury trial. In the uniform order, the court required two things: 1) no later than twenty days before the trial date, the parties shall exchange expert witness lists with one another, and "shall make available to the other party" all the exhibits to be offered as evidence at trial; and 2) no later than fifteen days before the trial date, the parties shall furnish each other with the non-expert witness list, and complete all of their depositions before these time limitations.

Three days after the uniform order was rendered, and over two months prior to the trial date, the Bank provided a letter to Azran's counsel inviting them to schedule a pre-trial meeting in which counsel could look at the exhibits, decide what evidence would be admissible absent stipulations, review depositions, discuss settlement, etc. The record does not indicate whether Azran took advantage of that invitation to inspect the Bank's records and exhibits and to engage in discussion. On May 11, 2018, twenty-one days before trial, the Bank furnished opposing counsel with its amended witness list.

The day before trial, Azran filed a motion in limine seeking sanctions against the Bank for non-compliance with the Order. Azran argued that the Bank had not provided it with copies of the trial exhibits, or given it enough time to depose its witness. The trial court heard the arguments and denied the motion. Azran did not call any witnesses or present any evidence at the foreclosure bench trial. At the conclusion of the bench trial, the court granted final judgment in favor of the Bank....