Rapid Surplus Recovery LLC v. Southeast Property Acquisitions LLC, Peggy Bowling, Thomas David Vaughn, and Jimmie H. Hall, Jr.

Summary

The Florida First District Court of Appeal affirmed an order directing the disbursement of a homeowner’s share of foreclosure-sale surplus funds to Southeast Property Acquisitions LLC rather than Rapid Surplus Recovery LLC. The court held that, because the appeal involved factual issues concerning statutory considerations such as good faith and intent to defraud and the appellant provided neither a hearing transcript nor a reconstructed record, affirmance was required under Applegate.

Holdings

1. An order entered after a final foreclosure judgment that is dispositive of the disposition of money held in the court registry is an appealable final order.
2. When an appeal turns, or could turn, on a factual issue for which the appellate record contains no transcript or reconstructed statement of the evidence or proceedings, the appellate court must affirm.

Questions Presented

1. Whether the order determining entitlement to surplus foreclosure-sale funds was an appealable final order.
2. Whether the appellate court could review the trial court's determination concerning competing claims to surplus funds without a hearing transcript or reconstructed record.
3. Whether the absence of a transcript required affirmance where the trial court expressly relied on factual considerations such as good faith and intent to defraud.

Disposition

affirmed