Vita v. Stern , 182 So. 3d 846 ( 2016 )

Third District Court of Appeal
State of Florida
Opinion filed January 6, 2016.
Not final until disposition of timely filed motion for rehearing.
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No. 3D15-755
Lower Tribunal No. 09-11490
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Peter M. Vita,
Appellant,
vs.
Michael Alan Stern, et al.,
Appellees.
An Appeal from the Circuit Court for Miami-Dade County, Rosa I.
Rodriguez, Judge.
Lindsey M. Tenberg, P.A. (Lighthouse Point), for appellant.
Shearin & Kahn, LLC, and Zachary L. Catanzaro (Boca Raton), for appellee
Steve Berke.
Before SUAREZ, C.J., and LAGOA and SCALES, JJ.
SCALES, J.
Appellant Peter Vita (“Vita”) appeals two final judgments entered by the
trial court: Order Granting Third Party Bidder Steven Berke's Motion for Writ of
Possession (“Possession Order”) and Order Upon Third Party Purchaser's Motion
for Payment of Rent (“Payment Order”). In his appeal, Vita challenges these two
final orders by asserting three distinct issues: (i) the trial court failed to properly
determine Vita's tenancy status; (ii) the trial court erred by granting a double
remedy; and (iii) the trial court erred in entering the Payment Order against his
wife, Kimberly Vita.
As to the first and second issues on appeal, we affirm without further
discussion. As to the third issue on appeal, Vita asserts that the trial court lacked
jurisdiction over Vita's wife, and therefore erred by including her in the Payment
Order as if she were a defendant. We agree. Because Kimberly Vita was never
named in the lawsuit and never received service of process, the trial court did not
acquire jurisdiction to enter a judgment against her. See Synchron, Inc. v. Kogan,
757 So. 2d 564, 565 (Fla. 2d DCA 2000).
We reverse the Payment Order and remand for the entry of a revised
payment order that omits Kimberly Vita. We affirm the Payment Order and the
Possession Order in all other respects.
Affirmed in part; reversed in part.
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