Can a foreclosure sale be held when interrelated counterclaims remain pending? Florida’s Second District Court of Appeal recently addressed this issue in DeLong v. Paradise Lakes Condominium Association, Inc., 2nd DCA Case No. 2D16-547 (Fla. 2nd DCA Feb. 22, 2017).
In DeLong, a condominium association was granted a summary final judgment of foreclosure. However, the condominium Owner’s interrelated counterclaims had not been resolved. Accordingly, the appellate court found that the Association’s summary final judgment was neither final, nor appealable.
The Second DCA, treating the appeal as a proceeding for writ of certiorari, concluded that the trial court
departed from the essential requirements of law when it authorized the sale of the property prior to the rendition of an appealable final judgment … .
DeLong should serve as a reminder that a foreclosure sale may not proceed until a final appealable order has been entered and all interrelated claims have been resolved.