OLIVA'S HOME CORP v. IN RE: HSBC BANK USA, N.A. v. YANKEL ROSENTHAL, Etc.

Third District Court of Appeal State of Florida Opinion filed April 8, 2020. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D19-1761 Lower Tribunal No. 18-11862 ________________ Oliva's Home Corp., Appellant, vs. HSBC Bank USA, N.A., Appellee. An Appeal from the Circuit Court for Miami-Dade County, Mavel Ruiz, Judge. Florida General Counsel, P.A., and Hugo L. Garcia, for appellant. Aldridge ǀ Pite, LLP, and Jonathan Jacobson, Zachary Ullman and Jennifer Travieso (Delray Beach), for appellee. Before SALTER, LOGUE and GORDO, JJ. PER CURIAM.  Affirmed. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979); Haddad v. Khan, 54 So. 3d 524, 525 (Fla. 3d DCA 2010) (“In the absence of an adequate transcript on appeal, a judgment that is not fundamentally erroneous must be affirmed.”); Mayfield v. Mayfield, 929 So. 2d 671, 672-73 (Fla. 5th DCA 2006) (same); Harrod v. Union Fin. Co., 420 So. 2d 108, 109 (Fla. 3d DCA 1982) (“[T]he rule precluding intervention in a mortgage foreclosure action by a person who acquires an interest in the subject property after the recording of a lis pendens . . . is equally applicable where the prospective intervenor’s interest, although acquired beforehand, is not recorded until after the recording of the lis pendens.” (citing Andresix Corp. v. Peoples Downtown Nat. Bank, 419 So. 2d 1107, 1107 (Fla. 3d DCA 1982))). 2