Bay Holdings, Inc. v. 2000 Island Boulevard Condo. Ass'n, 895 So. 2d 1197 (Fla. 3d DCA 2005). · Go Syfert
Bay Holdings, Inc. v. 2000 Island Boulevard Condo. Ass'n, 895 So. 2d 1197 (Fla. 3d DCA 2005). Cases Citing This Book View Copy Cite
9 citation events (9 in the last 25 years) across 2 distinct courts.
Strongest positive: Catalina West Homeowners Association, Inc. v. Federal National Mortgage Association (fladistctapp, 2016-03-30)
Top citers, strongest first. 9 distinct citers. How cited ↗
discussed Cited as authority (rule) Catalina West Homeowners Association, Inc. v. Federal National Mortgage Association
Fla. Dist. Ct. App. · 2016 · confidence medium
In Bay Holdings, Inc. v. 2000 Island Boulevard Condominium Ass’n, 895 So.2d 1197, 1197 (Fla. 3d DCA 2005), this Court, in addressing the analogous statute concerning condominium associations, stated that the "safe harbor” provision "provides a statutory cap on liability of foreclosing mortgagees.” 3 .
cited Cited as authority (rule) State v. C.M., a child
Fla. Dist. Ct. App. · 2015 · confidence medium
Ass’n, 895 So.2d 1197, 1197 (Fla. 3d DCA 2005) (citations omitted).
discussed Cited as authority (rule) Beltway Capital, LLC v. Greens COA, Inc.
Fla. Dist. Ct. App. · 2014 · confidence medium
Ass’n, 895 So.2d 1197, 1197 (Fla. 3d DCA 2005) (noting that section 718.116(1) is a “safe harbor provision” that “provides a statutory cap on liability of foreclosing mortgagees for unpaid condominium assessments that become due prior to the first mortgagee’s acquisition of title pursuant to a foreclosure proceeding”). 1 Subsection (l)(g) further states that: “For purposes of this subsection, the term ‘successor or assignee’ as used with respect to a first mortgagee includes only a subsequent holder of the first mortgage.” The issue of statutory construction before this cou…
cited Cited as authority (rule) South Florida Racing Association, LLC, Etc. v. Department of Business and Professional Regulation, Etc.
Fla. Dist. Ct. App. · 2014 · confidence medium
Ass’n, 895 So.2d 1197, 1197 (Fla. 3d DCA 2005) (quoting Knowles v. Beverly-Enters.-Fla., Inc., 898 So.2d 1, 7 (Fla.2004)). 4 *1151 II.
cited Cited as authority (rule) United States v. Forest Hill Gardens East Condominium Ass'n
S.D. Fla. · 2014 · confidence medium
Ass’n, 895 So.2d 1197, 1197 (Fla. 3d DCA 2005).
discussed Cited as authority (rule) US BANK NAT. ASS'N v. Tadmore
Fla. Dist. Ct. App. · 2009 · confidence medium
Ass'n, 895 So.2d 1197, 1197 (Fla. 3d DCA 2005) (noting that section 718.116(1) is a "safe harbor provision" that "provides a statutory cap on liability of foreclosing mortgagees for unpaid condominium assessments that become due prior to the first mortgagee's acquisition of title pursuant to a foreclosure proceeding").
discussed Cited as authority (rule) U.S. Bank National Ass'n v. Tadmore
Fla. Dist. Ct. App. · 2009 · confidence medium
Ass’n, 895 So.2d 1197, 1197 (Fla. 3d DCA 2005) (noting that section 718.116(1) is a “safe harbor provision” that “provides a statutory cap on liability of foreclosing mortgagees for unpaid condominium assessments that become due prior to the first mortgagee’s acquisition of title pursuant to a foreclosure proceeding”).
cited Cited as authority (rule) Peace River/Manasota Regional Water Supply Authority v. IMC Phosphates Co.
Fla. Dist. Ct. App. · 2009 · confidence medium
Ass’n, 895 So.2d 1197, 1197 (Fla. 3d DCA 2005).
discussed Cited "see, e.g." Charles v. State
Fla. Dist. Ct. App. · 2016 · signal: see, e.g. · confidence medium
See, e.g., State v. C.M., 154 So.3d 1177, 1180 (Fla. 4th DCA 2015) (Levine, J.) (stating that courts are “not -at liberty to add words to statutes that were not placed there by the Legislature”) (quoting Bay Holdings, Inc. v. 2000 Island Boulevard Condo, Ass’n, 895 So.2d 1197, 1197 (Fla. 3d DCA 2005)).
Retrieving the full opinion text from the archive…
BAY HOLDINGS, INC.
v.
2000 ISLAND BOULEVARD CONDO. ASS'N, etc.
No. 3D04-1851.
District Court of Appeal of Florida, Third District.
Feb 23, 2005.
895 So. 2d 1197
Camner, Lipsitz and Poller, P.A., and Neale J. Poller and Bruce Jacobs (Coral Gables), for appellant., Phillips, Eisinger & Brown, P.A., and Jed L. Frankel (Hollywood), for appellee.
Cope, Shepherd, Wells.
Cited by 9 opinions  |  Published
SHEPHERD, J.

Bay Holdings, Inc., a wholly-owned subsidiary of Bank United FSB, appeals an adverse judgment below holding that it does not come under the safe harbor provision of section 718.116(1) of the Florida Statutes. Bay Holdings was the subsequent assignee of a final judgment of foreclosure obtained by Bank United, after Bank United became the foreclosing first mortgagee on a condominium unit in Miami-Dade County, Florida. Section 718.116(1) provides a statutory cap on liability of foreclosing mortgagees for unpaid condominium assessments that become due prior to the first mortgagee’s acquisition of title pursuant to a foreclosure proceeding. Because the statute clearly and unambiguously affords this safe harbor only to first mortgagees or “a subsequent holder of the first mortgage,” (emphasis supplied), we affirm. See § 718.116(1), Fla. Stat.

As the Florida Supreme Court has recently reminded, “[w]e are not at liberty to add words to statutes that were not placed there by the Legislature.” Knowles v. Beverly Enterprises, 898 So.2d 1, 11, 2004 WL 2922097, slip op. at 11 (Fla. December 16, 2004) (Cantero, J., concurring), citing Hayes v. State, 750 So.2d 1, 4 (Fla.1999). To do so, would be an abrogation of legislative power. Donato v. American Tel. & Tel. Co., 767 So.2d 1146, 1150 (Fla.2000); Holly v. Auld, 450 So.2d 217, 219 (Fla.1984) (courts are “without power to construe an unambiguous statute in a[*1198] way which would extend, modify, or limit its express terms”).

Affirmed.