Metroplex Investments, Inc. v. Precision Equity Investments, Inc.
Docket: No. 94-327
Court: District Court of Appeal of Florida; December 15, 1994; Florida; State Appellate Court
The court affirms the trial court's order, determining that the appellees, the Cavanaughs, properly redeemed the property in accordance with Florida law as it existed during the litigation. The relevant statute allowed property owners or their successors to redeem foreclosed property at any time before the issuance of a certificate of title, which the Cavanaughs did by redeeming the property on July 28, 1993, after the judicial sale on July 20, 1993. They paid the full judgment amount plus accrued interest and costs, and the certificate of title was not issued until August 2, 1993. The appellees complied with the law, and the subsequent amendment to the statute does not affect their compliance. The court emphasizes that courts cannot reinterpret statutes to extend or limit their express terms. The dissent argues for a duty on the Clerk of Court to notify about redemption attempts; however, the court finds that Metroplex, the purchaser, had actual knowledge of the redemption, as supported by affidavits from Merrill Lynch's attorney indicating that Metroplex had been informed prior to the issuance of the certificate of title. The statute did not impose a duty on the Clerk to provide redemption information, and retroactively assigning such a duty would be inappropriate. Consequently, the court concludes that the trial court's decision stands, with Judge Peterson concurring and Chief Judge Harris dissenting.