Solis v. Lacayo, 3D11–2210.
| Decision Date | 25 April 2012 |
| Docket Number | No. 3D11–2210.,3D11–2210. |
| Citation | 86 So.3d 1147 |
| Parties | Marcial SOLIS; MSA Crestview II, LLC; Marsol Corporation; Crestview II, LTD.; and Marsol One, LLC, Appellants, v. Nydia LACAYO, Appellee. |
| Court | Florida District Court of Appeals |
OPINION TEXT STARTS HERE
Buchanan Ingersoll & Rooney, and Mark S. Auerbacher and Jennifer Olmedo–Rodriguez, Miami, for appellants.
Infante Zumpano, and Theodore C. Miloch II, and Carlos A. Zumpano, Coral Gables, for appellee.
Before SUAREZ, CORTIÑAS, and LAGOA, JJ.
Marcial Solis, MSA Crestview II, LLC, Marsol Corporation, Crestview II, Ltd., and Marsol One, LLC, (“Crestview”) appeal a final judgment in favor of Nydia Lacayo pursuant to a settlement agreement between the parties providing for the repayment of two promissory notes. We reverse on grounds that, at the time the final judgment was entered, the documentary stamp taxes had not been paid by Lacayo, and the notes were not enforceable pursuant to section 201.08(1)(a), Florida Statutes (2011).
On April 19, 2006, Crestview executed a promissory note in favor of Lacayo that was secured by personal and real property. On October 12, 2007, Crestview executed a second promissory note secured by personal and residential property. Crestview failed to make the required payments, and on September 1, 2009, Lacayo filed a complaint for foreclosure and breach of guarantee. On May 6, 2010, the parties entered into a stipulation for settlement requiring Crestview to make monthly interest payments and by May 1, 2011, pay back the principal and interest on the two notes. The parties also agreed to toll any statute of limitations on the foreclosure claims. On May 1, 2011, Crestview failed to pay the principal, and on May 18, 2011, Lacayo filed a motion for entry of final judgment and attorney's fees pursuant to the stipulation. On July 20, 2011 the trial court entered an order approving the stipulation and entered final judgment. On July 27, 2011, Crestview filed its motion for rehearing and to vacate the final judgment, arguing that the documentary stamps had not been paid and that the notes could not be enforced. On August 4, 2011, Lacayo moved for and received a writ of garnishment, not objected to by Crestview, which was executed and served. On August 11, 2011, the trial court abated the action for twenty days to provide Lacayo time to pay and affix the documentary stamps.1 Lacayo paid the documentary stamps on August 24, 2011, after Crestview had filed its notice of appeal on August 18, 2011.
On appeal, Crestview contends that the trial judge erred by entering a final judgment at a time when the documentary stamp...
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Nikooie v. JPMorgan Chase Bank, N.A.
...must rise to a legislative command, the respective defendants themselves each raised the issue of unenforceability. See Solis v. Lacayo, 86 So.3d 1147 (Fla. 3d DCA 2012) (acknowledging debtor moved "to vacate final judgment, arguing that the documentary stamps had not been paid"); Somma v. ......
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Wilmington Trust, N.A. v. Serpa
...We find no abuse of discretion in the trial court's granting of the Serpas’ motion for involuntary dismissal. Solis v. Lacayo, 86 So. 3d 1147, 1148, n.1 (Fla. 3d DCA 2012) ("In an action to enforce a promissory note, when the trial court discovers that the documentary taxes have not been pa......
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Schroeder v. MTGLQ Inv'rs, L.P.
...it.") (emphasis added). We determine that an appellate disposition similar to the one used by the Third District in Solis v. Lacayo, 86 So. 3d 1147, 1148 (Fla. 3d DCA 2012) is appropriate in this case. Thus, we reverse the final judgment and direct that on remand the trial court shall vacat......