Background
Built Green Corp. bought a condominium unit at a 2019 tax deed sale. It later disputed the condominium association’s claimed balance for post-sale assessments, interest, attorney’s fees, costs, and tax-deed surplus proceeds. A prior quiet-title judgment eliminated pre-tax-deed debts but preserved the association’s rights regarding amounts accruing or becoming due after the sale.
Built Green sued for declaratory relief and an accounting. The association answered with affirmative defenses alleging delinquent assessments, but did not file a counterclaim seeking to collect money. After Built Green’s counsel withdrew, the trial court held the scheduled summary-judgment hearing and entered judgment for the association, including a $66,704.03 monetary award.
The Court’s Holding
The Fourth District affirmed the decision to proceed with the summary-judgment hearing. Built Green did not obtain a ruling on its written request for additional time to retain counsel, and the appellate record lacked a hearing transcript showing that the trial court denied an oral continuance request. In any event, the court had given the corporation 20 days to obtain replacement counsel, and the hearing occurred about a month after withdrawal.
But the court reversed the $66,704.03 award. The association’s affirmative defenses and general prayer for relief did not constitute a counterclaim or another pleaded cause of action for an affirmative money judgment. Although the trial court could reject Built Green’s requested declaration and accounting, it could not compel Built Green to pay the association on an unpleaded claim not tried by consent.
Key Takeaways
- A defendant seeking an affirmative money judgment must plead a counterclaim or other claim for relief.
- Affirmative defenses and a general request for relief do not substitute for a pleaded collection claim.
- A corporation is entitled to a meaningful opportunity to retain new counsel after withdrawal, but withdrawal does not automatically require a continuance.
Why It Matters
The decision reinforces that summary judgment cannot expand the pleadings. Even where a plaintiff puts an account balance at issue in seeking declaratory relief, the opposing party must separately plead an enforceable claim before obtaining a money judgment.
For condominium associations and other creditors, the case is a reminder to plead collection claims expressly rather than relying on defenses, account statements, or a catchall prayer for relief.