BLOOMINGDALE TRAILS HOMEOWNERS' ASSOCIATION, INC. vs JEFF W. WESTBROOK, et al.,

Annotate this Case

Download PDF

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT BLOOMINGDALE TRAILS HOMEOWNERS' ASSOCIATION, INC., ) ) ) Appellant, ) ) v. ) ) JEFF W. WESTBROOK and THE BANK ) OF NEW YORK MELLON FKA THE BANK ) OF NEW YORK, AS TRUSTEE FOR THE ) CERTIFICATEHOLDERS CWABS, INC., ) ASSET-BACK NOTES, SERIES ) 2006-SD1. ) ) Appellees. ) ) Opinion filed December 22, 2017. Appeal from the Circuit Court for Hillsborough County; Sandra Taylor, Associate Senior Judge. Leslie M. Conklin, Clearwater, for Appellant. Dariel Abrahamy and Victor Kline of Greenspoon Marder, P.A., Boca Raton, for Appellee The Bank of New York Mellon fka The Bank of New York, As Trustee For the Certificateholders CWABS, Inc., AssetBack Notes, Series 2006 SD1. No Appearance for Appellee Jeff W. Westbrook. Case No. 2D16-4098 PER CURIAM. Finding no merit in the substantive argument raised in this appeal, we affirm the judgment below. However, we remand for the circuit court to enter an amended final judgment of foreclosure that clarifies that the Bloomingdale Trails Homeowners' Association's lien on the subject property is not affected by the entry of the judgment. Cf. Fortune v. Hutchinson, 20 So. 3d 476, 477 (Fla. 2d DCA 2009) (affirming and remanding for clarification where circuit court's declaratory judgment failed to indicate a litigant's type of "ownership interest" in certain property). Affirmed; remanded with instructions. KELLY, LUCAS, and SALARIO, JJ., Concur. -2-

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.