Third District Court of Appeal
State of Florida
Opinion filed November 30, 2022.
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No. 3D22-0714
Lower Tribunal No. 19-7810
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Trinity Financial Services, LLC,
Appellant,
vs.
Fernando Blanco,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, David C.
Miller, Judge.
Ashland Medley Law, PLLC and Ashland R. Medley (Coral Springs),
for appellant.
Fidelity National Law Group, and Michele A. Cavallaro (Fort
Lauderdale), for appellee.
Before LINDSEY, HENDON, and LOBREE, JJ.
ON CONFESSION OF ERROR
PER CURIAM.
Appellant Trinity Financial Services, LLC filed an intervenor complaint
alleging that a final judgment quieting title was void as a matter of law due to
defects in service. Appellee moved for judgment on the pleadings based on
his status as a bona fide purchaser. The trial court granted the motion and
entered a final judgment in favor of the Appellee. However, Appellee has
commendably stipulated that the trial court could not have determined
whether Appellee was a bona fide purchaser without traveling outside the
four corners of the intervenor complaint because the facts regarding bona
fide purchaser status were asserted as an affirmative defense and were not
contained within the impleader complaint. Appellee therefore consents to
entry of an order vacating the final judgment and vacating the order granting
Appellee’s motion for judgment on the pleadings, and remanding this matter
to the trial court for further proceedings. See Domres v. Perrigan,
760 So. 2d
1028, 1029 (Fla. 5th DCA 2000) (explaining that a trial court must accept all
well-pled facts and inferences as true when considering a motion for
judgment on the pleadings and must not rely on the moving party’s answer,
reply, or defenses).
Reversed and remanded.
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