ESTATE OF RICHARD J. CARAVETTA v. THE BANK OF NEW YORK MELLON

Third District Court of Appeal
State of Florida
Opinion filed April 21, 2021.
Not final until disposition of timely filed motion for rehearing.
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No. 3D20-0427
Lower Tribunal No. 09-54204
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Estate of Richard J. Caravetta,
Appellant,
vs.
The Bank of New York Mellon,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Barbara
Areces, Judge.
Phillips Lanier, PLLC, and Emily Joyce Phillips, for appellant.
Bitman, O'Brien & Morat, PLLC, and Allison Morat (Lake Mary), for
appellee.
Before SCALES, MILLER and BOKOR, JJ.
PER CURIAM.
Affirmed. See Baker v. Courts at Bayshore I Condo. Ass’n, Inc., 279
So. 3d 799, 801-02 (Fla. 3d DCA 2019) (“We recognize those decisions
holding that errors in the legal description of property, contained in a deed
or mortgage existing prior to entry of the final judgment, cannot be remedied
by simply amending or correcting the final judgment. However, those
decisions are distinguishable because in the present case, the error in the
legal description occurred upon entry of the final judgment itself, and did not
exist in a deed or mortgage (or other document conveying or encumbering
the property) prior to entry of the final judgment.”) (citations and footnotes
omitted); see also Applegate v. Barnett Bank of Tallahassee, 377 So. 2d
1150, 1152 (Fla. 1979) (“Without a record of the trial proceedings, the
appellate court can not properly resolve the underlying factual issues so as
to conclude that the trial court's judgment is not supported by the evidence
or by an alternative theory. Without knowing the factual context, neither can
an appellate court reasonably conclude that the trial judge so misconceived
the law as to require reversal.”).
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