Deluxe Motel, Inc. v. Patel

• Decision Date: 03 November 2000
• Docket Number: No. 5D00-369.,5D00-369.
• Citation: 770 So.2d 283
• Parties: DELUXE MOTEL, INC., Harish A. Patel, et al., Appellants, v. Natverlal K. PATEL and Kalavati Patel, Appellees.
• Court: Florida District Court of Appeals

770 So.2d 283

DELUXE MOTEL, INC., Harish A. Patel, et al., Appellants, v. Natverlal K. PATEL and Kalavati Patel, Appellees.

No. 5D00-369.

District Court of Appeal of Florida, Fifth District.

November 3, 2000.

Shannon McLin Carlyle of Shannon McLin Carlyle, P.A., Leesburg, for Appellants.

Fred A. Morrison of McLin, Burnsed, Morrison, Johnson, Newman & Roy, P.A., Leesburg, for Appellees.

JOHNSON, C. T., Associate Judge.

In February 1993, Harish Patel and Harish Datutia (hereinafter referred to as the Buyers), purchased the Deluxe Motel from Natverlal and Kalavati Patel (hereinafter referred to as the Sellers). The sale price for the property was $415,000. The consideration for the purchase included: (1) a $15,000 unsecured promissory note which was scheduled to become due on or about March 2, 1996; and (2) a $315,000 promissory note which was secured by a mortgage on the motel property and called for installment payments over the course of 20 years.

In May 1996, the Sellers filed suit against the Buyers seeking enforcement of the sums due and owing on the promissory notes because timely payments had not been made on either. Count I of the complaint sought full payment of the $15,000 note which had come due, and Count II sought payment of the installments which had come due on the $315,000 note.

While the matter was pending in the circuit court, the Buyers continued to default on their obligation to pay installments on the $315,000 promissory note. As a result the Sellers eventually amended their complaint as to Count II, adding a claim to accelerate the balance due on the note and to foreclose on the mortgage.

In September 1997, on Seller's motion, the trial court entered summary final judgment in favor of the Sellers on both counts, foreclosing on the mortgage, awarding a money judgment on the unsecured promissory note and directed that the motel property be sold at public sale. The Buyers appealed the judgment.

Buyers sought no stay order and, on October 29, 1997, while the appeal was pending the Sellers purchased the property at public sale. On November 10, 1997, after no attempt at redemption was undertaken by the Buyers, the clerk issued a Certificate of Title to the property to the Sellers.

On February 12, 1999, this court reversed the appealed judgment and remanded the matter to the trial court for further proceedings. See Deluxe Motel, Inc. v. Patel, 727 So.2d 299 (Fla. 5th DCA 1999). On remand, the Buyers did not affirmatively seek to vacate the public sale or the Certificate of Title, or to regain possession or ownership of the Deluxe Motel property....