December 13, 2024
ShareKelley Kronenberg Achieves Appellate Victory in Real Estate Litigation
Kelley Kronenberg Partner Jason Silver secured a significant appellate victory in the new Sixth District Court of Appeal, setting new precedent in this newest appellate court and Florida real estate law. The ruling, which protected a mortgage lien valued at over $430,000.00, marks the first application of Florida’s Tipsy Coachman Doctrine in an opinion issued in a civil case by the state’s newest appellate court.
The case arose in the County Court in Collier County, Florida, when a subsequent corporate property owner, which had obtained record title from a prior condominium association foreclosure sale, filed an action to attempt a reforeclosure effort, compel redemption, and eliminate a recorded reverse mortgage lien held, maintained, and being foreclosed on in a separate action by Kelley Kronenberg’s client.
After successfully obtaining a dismissal in the County Court before the Honorable Judge Tamara Lynne Nicola, Jason defended the ruling against multiple challenges and arguments on appeal. He argued that even if the trial court’s reasoning supporting the dismissal differed from the initial arguments made in the Motion to Dismiss, the dismissal was proper under the Tipsy Coachman Doctrine, which allows an appellate court to affirm a correct decision for reasons other than those relied upon by the trial court. As explained by Florida’s Supreme Court, the Doctrine applies when a trial court’s ruling is based on improper reasoning, the ruling should be upheld if any theory or principle of law in the record would support the ruling.
The Sixth DCA agreed, citing the case of Butler v. Yusem and sovereign immunity principles under 28 U.S.C. § 2410. The Court issued a Per Curiam Opinion on October 25, 2024, affirming the dismissal and establishing the first application of the Tipsy Coachman Doctrine in a civil matter and opinion in this newly established appellate court. The mandate was issued on November 22, 2024, deeming the decision final under Florida law.
Through strategic appellate advocacy, hard work, and strong collaboration and support from other members of Kelley Kronenberg’s Real Estate Division, Jason not only protected the client’s substantial mortgage and financial interests, but also helped shape Florida jurisprudence in this emerging appellate jurisdiction.