IN THE SECOND DISTRICT COURT OF APPEAL STATE OF FLORIDA. v. Appeal No. 2D

Size: px
Start display at page:

Download "IN THE SECOND DISTRICT COURT OF APPEAL STATE OF FLORIDA. v. Appeal No. 2D"

Transcription

1 IN THE SECOND DISTRICT COURT OF APPEAL STATE OF FLORIDA FIFTH THIRD MORTGAGE COMPANY, Appellant, v. Appeal No. 2D ALCIDES HERNANDEZ, Appellee. / APPEAL FROM THE THIRTEENTH JUDICIAL CIRCUIT HILLSBOROUGH COUNTY, FLORIDA APPELLANT'S INITIAL BRIEF THOMAS M. WOOD Fla. Bar No Shumaker, Loop & Kendrick, LLP 101 East Kennedy Blvd., Suite 2800 Tampa, Florida (813) (813) (Fax) twood@slk-law.com Attorneys for Appellant

2 TABLE OF CONTENTS Page Table of Contents... i Table of Citations... ii Statement of the Facts and of the Case... 1 Statement of the Issues... 4 Summary of the Argument... 4 Standard of Review... 5 Argument... 6 A. The trial court erred in failing to allow fifth third leave to amend upon determining the complaint was subject to dismissal without prejudice... 6 B. Alternatively, the trial court erred in granting summary judgment despite the clear existence of genuine issues of material fact, or on grounds not raised by any party prior to the hearing Conclusion Certificate of Service Certificate of Compliance i

3 TABLE OF CITATIONS Cases Downtown Investments, Ltd. v. Segall, 551 So. 2d 561 (Fla. 3d DCA 1989)...6 Gee v. U.S. Bank National Association, 72 So. 3d 211 (5th DCA 2011)...9 Gilbert v. Jacor Communications, Inc., 629 So. 2d 309 (Fla. 2d DCA 1993)...6 Hervey v. Alfonso, 650 So. 2d 644 (Fla. 2d DCA 1995)...8 Joan B. Taylor v. City of Riviera Beach, 801 So. 2d 259 (Fla. 4th DCA 2001)...5 Kennedy v. Santa Rosa Island Authority, 530 So. 2d 520 (Fla. 1st DCA 1988)...6 Soucy v. Casper, 658 So. 2d 1017 (Fla. 4th DCA 1995)...5 Thompson v. McNeill Company, Inc., 464 So. 2d 244 (Fla. 1st DCA 1985)...6 Volusia County v. Aberdeen at Ormond Beach, L.P., 760 So. 2d 126 (Fla. 2000)...5 Wizikowski v. Hillsborough County, 651 So. 2d 1223 (2d DCA 1995)...8 Statutes and Other Authorities Rule 1.510(c), FLA. R. CIV. P....8 ii

4 STATEMENT OF THE FACTS AND OF THE CASE Statement of the Facts This appeal arises from a residential foreclosure brought by Appellant, Fifth Third Mortgage Company ( Fifth Third ) as the mortgagee, and naming Appellee Alcides Hernandez ( Hernandez ) as the mortgagor/defendant in the action below. (R:6-33). Hernandez is alleged to have signed a Note and Mortgage in favor of Fifth Third, defaulted thereon, and after failing to cure the default upon notice from Fifth Third, was named as a defendant in the foreclosure action, along with homeowners associations claiming a lien interest in the subject property. (R:6-33). Statement of the Case In response to the Complaint, Hernandez filed a Motion to Dismiss on or about July 15, (R:41-44). Hernandez motion was based on three grounds: (i) a standing argument based largely on Hernandez assertion that the allegations of the Complaint failed to identify the owner of the Note at issue, despite a clear allegation in Paragraph 3 of the Complaint as the statutory basis for bringing the action; (ii) Fifth Third s failure to comply with Florida Statutes by filing a cost bond in connection with the Complaint; and (3) a claim that Fifth Third failed to attach any documentary evidence supporting its claim that the contractually required notice of default and opportunity to cure had been given. A Notice of Hearing was filed by Hernandez on or about August 22, 2013, 1

5 setting a hearing on the Motion to Dismiss for 11:00 a.m. on November 8, (R:3). Hernandez filed an Amended Motion to Dismiss and for Summary Judgment on or about October 24, (R: ). Hernandez Amended Motion was based on three grounds: (i) failure to timely file a cost bond under Florida Statutes ; (ii) Capacity based upon Hernandez assertion that Fifth Third failed to allege any facts of its existence as a corporation or other legal entity duly organized in a jurisdiction recognized under Florida law[,] and reasserting the claim that Appellant failed to plead that it owns and holds the Note in question; and (iii) failure to comply with a condition precedent based upon a claim that Fifth Third failed to give Hernandez the contractually required notice of default/intent to accelerate and opportunity to cure. (R: ). Also on October 24, 2013, in support of the Amended Motion, Hernandez filed a Notice of Filing Affidavit Regarding Summary Judgment, and the Affidavit Regarding Summary Judgment. (R: ; ). Hernandez affidavit solely addresses the claim that he never received the contractually required notice of default/intent to accelerate and opportunity to cure. (R: ). A Notice of Hearing as to the Amended Motion to Dismiss and for Summary Judgment, as well as a previously filed Motion to Disqualify Counsel, was filed on October 29, 2013, setting those 2

6 motions for the previously scheduling hearing at 11:00 a.m. on November 8, (R:3). On November 5, 2013, Fifth Third filed a Notice of Filing Supplemental Affidavit as to Notice Requirements of Note and Mortgage (R: ) and Plaintiff s Response to Amended Motion to Dismiss and for Summary Judgment (R ). Fifth Third s affidavit addresses its delivery of the contractually required notice of default/intent to accelerate and opportunity to cure to Hernandez, and provides a copy of the actual notice letter mailed to Hernandez. (R: ). A hearing was held on November 8, 2013 (without a court reporter present), and the trial court issued its Order of Dismissal on November 8, 2013, indicating only that: 1. The motion is granted. [and] 2. This case is dismissed without prejudice to Plaintiff filing a new lawsuit. (R: 133). There is no transcript of the hearing, or other record evidence of the basis for the trial court s order. Fifth Third filed its Plaintiff s Motion for Rehearing on November 18, 2013 (R: ), arguing the trial court improperly granted summary judgment in favor of Hernandez on the grounds that the Notice of Intent to Accelerate letter did not meet the contractual requirements of the Mortgage, although that argument was not raised prior to the hearing. (R: ) Plaintiff s Motion for Rehearing was 3

7 denied without hearing on December 11, (R:144). Appellant timely filed a Notice of Appeal on December 11, (R: ). STATEMENT OF THE ISSUES Whether the trial court abused its discretion by issuing an Order of Dismissal in response to Hernandez Amended Motion to Dismiss and For Summary Judgment, dismissing the case without allowing Fifth Third leave to amend its Complaint? Alternatively, whether the trial court erred in granting summary judgment despite the clear existence of genuine issues of material fact, or on grounds not raised by any party prior to the hearing? SUMMARY OF THE ARGUMENT The Order of Dismissal on appeal is unclear as to which portion of Defendants Amended Motion to Dismiss and For Summary Judgment it was issued in response to the Motion to Dismiss or the Motion for Summary Judgment. Based upon the language of the order, including the fact that dismissal was specifically without prejudice, as well as no mention of the absence of genuine issues of material fact or summary judgment being granted, it is presumed that it was issued in response to the motion to dismiss. As such, absent any claim or evidence that whatever pleading defect found by the trial court could not be corrected, the trial court erred in failing to allow Fifth Third leave to amend its 4

8 Complaint upon determining that the Complaint was subject to dismissal without prejudice. Alternatively, in the event the trial court s Order is determined to be granting summary judgment in favor of Hernandez, the trial court erred in hearing a motion for summary judgment on less than 20 days notice, and in granting summary judgment despite the clear existence of genuine issues of material fact, and/or on grounds not raised by any party prior to the hearing. The issue presented by Hernandez Motion was whether he ever got the contractually required Notice of Intent to Accelerate, which a cursory review of the record will reveal was a contested issue of fact between the parties. If the trial court somehow made a determination that the Notice of Intent to Accelerate was received, but was somehow legally deficient, it erred by ruling on an issue not raised by the parties prior to the hearing. STANDARD OF REVIEW The standard of review on a motion to dismiss is de novo. See Joan B. Taylor v. City Of Riviera Beach, 801 So. 2d 259 (Fla. 4th DCA 2001). The standard of review for summary judgment is de novo. Volusia County v. Aberdeen at Ormond Beach, L.P., 760 So. 2d 126, 130 (Fla. 2000). The standard of review for orders denying leave to amend a complaint is abuse of discretion. See Soucy v. Casper, 658 So. 2d 1017, 1018 (Fla. 4th DCA 1995). 5

9 ARGUMENT A. The Trial Court Erred in Failing to Allow Fifth Third Leave to Amend Upon Determining the Complaint was Subject to Dismissal Without Prejudice. The Order of Dismissal does not specifically address the grounds for the dismissal, or whether the order issued in response to Hernandez Motion to Dismiss or his Motion for Summary Judgment. Given the title is Order of Dismissal, and the lack of any finding of no genuine issues of material fact, the Order on appeal must be viewed as resolving Hernandez Motion to Dismiss. The operative language states that the case is dismissed without prejudice. (R: 133). However, the trial court erred in failing to allow Fifth Third leave to amend upon determining that the Complaint was subject to dismissal without prejudice. Without regard to the merits of a trial court s decision to dismiss a complaint, Florida case law is clear that, although granting leave to amend rests within the sound discretion of a trial court, all doubts should be resolved in favor of allowing amendment, and leave to amend should not be denied unless the privilege to amend has been abused or the complaint is not amendable. Kennedy v. Santa Rosa Island Authority, 530 So. 2d 520 (Fla. 1st DCA 1988), citing Thompson v. McNeill Company, Inc., 464 So. 2d 244 (Fla. 1st DCA 1985). See also Downtown Investments, Ltd. v. Segall, 551 So. 2d 561 (Fla. 3d DCA 1989); Gilbert v. Jacor Communications, Inc., 629 So. 2d 309, (Fla. 2d DCA 1993). 6

10 In this case, the alleged deficiencies identified in the Amended Motion to Dismiss related to curable technical pleading issues i.e., the failure to post a cost bond, or the failure to allege Fifth Third s capacity to bring the foreclosure action. (R: ). Fifth Third had not yet amended the Complaint in this action, so there could be no issue of abusing the privilege to amend. (R:6-33). Under these circumstances, the trial court should have allowed Fifth Third an opportunity to amend, prior to dismissing the action. 1 On de novo review, this Court should reverse the Order of Dismissal, and remand with instructions to allow Fifth Third leave to amend. B. The Trial Court Erred in Granting Summary Judgment Despite the Clear Existence of Genuine Issues of Material Fact, or on Grounds Not Raised by any Party Prior to the Hearing. Alternatively, if this Court finds the Order of Dismissal to be an Order granting Hernandez untimely Motion for Summary Judgment, notwithstanding the fact that the Order makes no finding regarding the absence of genuine issues of material fact or even mentions summary judgment, Fifth Third must still prevail on this appeal. Under this scenario, the trial court erred granting Hernandez untimely Motion for Summary Judgment because of the clear existence of genuine 1 A dismissal without prejudice is not the equivalent of allowing leave to amend. The dismissal opens Fifth Third to exposure for prevailing party attorney fees and costs which are now being sought by Hernandez in the trial court. (R:142-43). 7

11 issues of material fact, or based upon grounds not raised by any party prior to the hearing. 2 In addition to the lack of required notice, the record on appeal makes it clear that there is a genuine issue of material fact that should have prevented summary judgment. Hernandez Motion, and the affidavit filed in support, focus exclusively on his claim that he never got the Notice of Intent to Accelerate letter required under the Mortgage. In direct opposition to this claim, the Supplemental Affidavit as to Notice Requirements of Note and Mortgage filed by Fifth Third prior to the hearing specifically contradicts this claim and provides a copy of the letter Fifth Third claims was sent in compliance with the Mortgage requirements. It is well-established under Florida law that an issue of material fact or even the possibility of such an issue precludes summary judgment. Hervey v. Alfonso, 650 So. 2d 644, 646 (Fla. 2d DCA 1995); Rule 1.510(c), FLA. R. CIV. P. The issue of whether Hernandez received the Notice of Intent to Accelerate letter 2 Hernandez Amended Motion to Dismiss and for Summary Judgment, as well as his Affidavit Regarding Summary Judgment, were both filed on or about October 24, 2013, only fifteen days before the hearing held by the trial court on November 8, This failure to provide the required notice is in direct contravention of the Florida Rules of Civil Procedure, and may also constitute reversible error. Wizikowski v. Hillsborough County, 651 So. 2d 1223 (Fla. 2d DCA 1995). 8

12 required under the Mortgage is clearly a disputed issue of material fact. This disputed issue precludes summary judgment. On de novo review, if this Court chooses to treat the Order of Dismissal as an Order granting summary judgment, the Order must still be reversed. Further, while it is possible the trial court granted summary judgment in favor of Hernandez on the grounds that the Notice of Intent to Accelerate letter allegedly did not meet the contractual requirements of the Mortgage, that argument was not raised in Hernandez Motion filed prior to the hearing. Rule 1.510(c), Florida Rules of Civil Procedure, requires a movant for summary judgment to state with particularity the grounds upon which the motion is based and the substantial matters of law to be argued, in order to put the non-moving party on notice of the issues to be argued so the defending party can to be prepared for the summary judgment hearing. Granting summary judgment on grounds different than those specifically raised in the motion deprives the non-moving party of the notice required under the rule, and constitutes reversible error by the trial court. Gee v. U.S. Bank National Association, 72 So. 3d 211 (Fla. 5th DCA 2011). Hernandez failure to provide the required notice is in direct contravention of the Florida Rules of Civil Procedure, and constitutes reversible error. Even if this Court reviews the Order of Dismissal as an Order granting summary judgment, the summary judgment is improper and must be reversed. 9

13 CONCLUSION For all the foregoing reasons, Appellant, Fifth Third Mortgage Company, respectfully requests that this court reverse the Order of Dismissal, and remand this matter with directions to allow Fifth Third leave to file an Amended Complaint. Respectfully Submitted, SHUMAKER, LOOP & KENDRICK, LLP By: /s/thomas M. Wood THOMAS M. WOOD Fla. Bar No Shumaker, Loop & Kendrick, LLP 101 East Kennedy Boulevard, Suite 2800 Tampa, Florida (813) (813) (Fax) Attorneys for Appellant CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 19 th day of March, 2014, a true and correct copy of the foregoing Appellant s Initial Brief has been furnished by electronic service to Mark P. Stopa, Esq., Stopa Law Firm, 2202 N. Westshore Blvd., Suite 200, Tampa, Florida 33607, foreclosurepleadings@stopalawfirm.com, counsel for Appellee, Alcides Hernandez. /s/thomas M. Wood Attorney 10

14 CERTIFICATE OF COMPLIANCE I HEREBY CERTIFY that the preceding brief was prepared utilizing a Times New Roman 14-point font and complies with the font requirements of Rule 9.210(2), Florida Rules of Appellate Procedure. /s/thomas M. Wood Attorney 11

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT CASE NO: 2D L.T. CASE NO: 2011-CA

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT CASE NO: 2D L.T. CASE NO: 2011-CA IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT CASE NO: 2D14-0061 L.T. CASE NO: 2011-CA-011993 U.S. BANK NATIONAL ASSOCIATION, N.A., Appellant, v. JENNIFER CAPE. Appellee. INITIAL

More information

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT. v. Case No. 5D

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT. v. Case No. 5D IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT BLACK POINT ASSETS, INC., Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED v.

More information

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2011

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2011 DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2011 ROBERT McLEAN, Appellant, v. JP MORGAN CHASE BANK NATIONAL ASSOCIATION, not individually but solely as Trustee for the holders

More information

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT. v. Case No. 5D

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT. v. Case No. 5D IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED MDTR LLC AS TRUSTEE UNDER THE 6161 SEQUOIA

More information

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT DYCK-O'NEAL, INC., Appellant, v. Case No. 2D17-4968 TERESA NORTON

More information

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA. Case No.: CI-19

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA. Case No.: CI-19 IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA EVERHOME MORTGAGE COMPANY, Plaintiff, vs. Case No.: 09-4672-CI-19 RONALD J. POWNALL, et al. Defendants. / EMERGENCY

More information

In the District Court of Appeal Second District of Florida

In the District Court of Appeal Second District of Florida In the District Court of Appeal Second District of Florida CASE NO. (Circuit Court Case No. ) and Appellants, v. BAYVIEW LOAN SERVICING, LLC, Appellee. ON APPEAL FROM THE THIRTEENTH JUDICIAL CIRCUIT IN

More information

In the District Court of Appeal Fifth District of Florida

In the District Court of Appeal Fifth District of Florida In the District Court of Appeal Fifth District of Florida CASE NO. (Circuit Court Case No. ) Appellant, v. U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, ETC. et al., Appellees. ON APPEAL FROM THE FIFTH JUDICIAL

More information

Third District Court of Appeal State of Florida

Third District Court of Appeal State of Florida Third District Court of Appeal State of Florida Opinion filed August 30, 2017. Not final until disposition of timely filed motion for rehearing. No. 3D15-2213 Lower Tribunal No. 14-31950 The Bank of New

More information

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA Flagler Hospital, Inc., a/a/o Johnnie Cole, CASE NO.: 2015-CV-67-A-O Lower Court Case No.: 2012-SC-12268-O Appellant,

More information

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED MARGARET C. MARTINS AND JAMES A. MARTINS,

More information

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED YEFIM VASILEVSKIY AND YELENA VASILEVSKIY,

More information

IN THE SECOND DISTRICT COURT OF APPEAL STATE OF FLORIDA. Appellant, CASE NO: 2D

IN THE SECOND DISTRICT COURT OF APPEAL STATE OF FLORIDA. Appellant, CASE NO: 2D IN THE SECOND DISTRICT COURT OF APPEAL STATE OF FLORIDA BARBARA JOAN SPRINGER, v. Appellant, CASE NO: 2D14-1860 LT CASE NO: 2011-10359-CI-21 BANK OF AMERICA, N.A. Appellee. / MOTION TO STRIKE ANSWER BRIEF

More information

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT. v. Case No. 5D

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT. v. Case No. 5D IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED WILMINGTON TRUST, NATIONAL ASSOCIATION,

More information

IN THE SUPREME COURT OF FLORIDA. vs. L.T. NO.: 3D ON NOTICE TO INVOKE DISCRETIONARY JURISDICTION FROM THE THIRD DISTRICT COURT OF APPEAL

IN THE SUPREME COURT OF FLORIDA. vs. L.T. NO.: 3D ON NOTICE TO INVOKE DISCRETIONARY JURISDICTION FROM THE THIRD DISTRICT COURT OF APPEAL IN THE SUPREME COURT OF FLORIDA CATHERINE RIGGINS, Petitioner, CASE NO.: SC06-205 vs. L.T. NO.: 3D04-2620 AMERICAN EXPRESS CENTURION BANK, Respondent. / ON NOTICE TO INVOKE DISCRETIONARY JURISDICTION FROM

More information

STATEMENT OF THE CASE. Appellee, BAC HOME LOANS SERVICING, L.P., f/k/a COUNTRYWIDE

STATEMENT OF THE CASE. Appellee, BAC HOME LOANS SERVICING, L.P., f/k/a COUNTRYWIDE STATEMENT OF THE CASE Appellee, BAC HOME LOANS SERVICING, L.P., f/k/a COUNTRYWIDE HOME LOANS SERICING, L.P. ( BAC ) initiated the lower court proceeding by suing Appellant, LEONADRO DIGIOVANNI ( DiGiovanni

More information

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA THIRD DISTRICT CASE NO. 3D Lower Tribunal Case No.: CA-21

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA THIRD DISTRICT CASE NO. 3D Lower Tribunal Case No.: CA-21 E-Copy Received Jul 3, 2014 1:03 AM IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA THIRD DISTRICT CASE NO. 3D14-542 Lower Tribunal Case No.: 12-45100-CA-21 ELAD MORTGAGE GROUP, LLC, a Florida

More information

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT KELI N. JOHNSON and THOMAS E. ) JOHNSON, ) ) Appellants, ) ) v.

More information

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT JOHN OLIVERA, as Personal Representative of the Estate of Nelsa

More information

FIFTH DISTRICT. PRESIDING JUSTICE STEWART delivered the opinion of the court:

FIFTH DISTRICT. PRESIDING JUSTICE STEWART delivered the opinion of the court: Rule 23 order filed NO. 5-06-0664 May 21, 2008; Motion to publish granted IN THE June 16, 2008. APPELLATE COURT OF ILLINOIS FIFTH DISTRICT BAYVIEW LOAN SERVICING, L.L.C., Appeal from the Circuit Court

More information

IN THE DISTRICT COURT OF APPEAL SECOND DISTRICT, LAKELAND, FLORIDA. L.T. Case No. 09-CA PETITION FOR WRIT OF PROHIBITION

IN THE DISTRICT COURT OF APPEAL SECOND DISTRICT, LAKELAND, FLORIDA. L.T. Case No. 09-CA PETITION FOR WRIT OF PROHIBITION VELTON CORBETT, IN THE DISTRICT COURT OF APPEAL SECOND DISTRICT, LAKELAND, FLORIDA Petitioner, L.T. Case No. 09-CA-061778 v. Case No.: 2D10- WELLS FARGO BANK, N.A., as Trustee For Soundview Home Loan Trust

More information

RESPONDENT S AMENDED ANSWER BRIEF TO PETITIONER S JURISDICTIONAL BRIEF FOR DISCRETIONARY REVIEW

RESPONDENT S AMENDED ANSWER BRIEF TO PETITIONER S JURISDICTIONAL BRIEF FOR DISCRETIONARY REVIEW IN THE SUPREME COURT OF FLORIDA CASE NO. SC09-2312 Court of Appeal Case No. 3D09-821 District Court Case No. 08-72076 ELIEZIER LEAL AND CLARA LEON, v. Petitioners, DEUTSCHE BANK NATIONAL TRUST COMPANY,

More information

IN THE SUPREME COURT STATE OF FLORIDA RESPONDENT S BRIEF ON JURISDICTION

IN THE SUPREME COURT STATE OF FLORIDA RESPONDENT S BRIEF ON JURISDICTION IN THE SUPREME COURT STATE OF FLORIDA JANET B. STROMMEN, n/k/a JANET PUENTES, Petitioner/Former Wife, and Case No.: SC06-1085 PAUL STROMMEN Respondent/Former Husband. / RESPONDENT S BRIEF ON JURISDICTION

More information

Third District Court of Appeal State of Florida

Third District Court of Appeal State of Florida Third District Court of Appeal State of Florida Opinion filed March 7, 2018. Not final until disposition of timely filed motion for rehearing. No. 3D16-1936 Lower Tribunal No. 14-7465 Nationstar Mortgage,

More information

IN THE SECOND DISTRICT COURT OF APPEAL IN AND FOR THE STATE OF FLORIDA

IN THE SECOND DISTRICT COURT OF APPEAL IN AND FOR THE STATE OF FLORIDA IN THE SECOND DISTRICT COURT OF APPEAL IN AND FOR THE STATE OF FLORIDA RICK KOIS, v. Appellant, VERICREST FINANCIAL, INC., Case No.: 2D12- L.T. No.: 2011-CA-00060 WH Appellee. / ON APPEAL FROM THE CIRCUIT

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. SC CHRISTINE BAUER and THOMAS BAUER, Petitioners, ONE WEST BANK, FSB, Respondent.

IN THE SUPREME COURT OF FLORIDA CASE NO. SC CHRISTINE BAUER and THOMAS BAUER, Petitioners, ONE WEST BANK, FSB, Respondent. Filing # 17071819 Electronically Filed 08/13/2014 05:11:43 PM RECEIVED, 8/13/2014 17:13:41, John A. Tomasino, Clerk, Supreme Court IN THE SUPREME COURT OF FLORIDA CASE NO. SC14-1575 CHRISTINE BAUER and

More information

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED YARELYS RAMOS AND JOHN PRATER, Appellants,

More information

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT. Appellant, v. Case No. 5D

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT. Appellant, v. Case No. 5D IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT U.S. BANK NATIONAL ASSOCIATION, ETC., NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant,

More information

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA EMERGENCY, VERIFIED MOTION TO VACATE FINAL JUDGMENT

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA EMERGENCY, VERIFIED MOTION TO VACATE FINAL JUDGMENT IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA WACHOVIA MORTGAGE, FSB f/k/a WORLD SAVINGS BANK, v. Plaintiff, Case No. 52-2008-CA-017220 JULIANNA ZAKRZEWSKA, et.

More information

Third District Court of Appeal State of Florida

Third District Court of Appeal State of Florida Third District Court of Appeal State of Florida Opinion filed January 11, 2017. Not final until disposition of timely filed motion for rehearing. No. 3D15-2576 Lower Tribunal No. 12-19409 Heartwood 2,

More information

In the District Court of Appeal Fourth District of Florida

In the District Court of Appeal Fourth District of Florida In the District Court of Appeal Fourth District of Florida CASE NO. (Circuit Court Case No. Appellants, v. Ocean Bank, Appellee. ON APPEAL FROM THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY,

More information

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT ALLEN HARRIS A/K/A ALLEN T. ) HARRIS, ) ) Appellant, ) ) v. )

More information

CASE NO.: 2014-CV A-O Lower Case No.: 2013-SC O

CASE NO.: 2014-CV A-O Lower Case No.: 2013-SC O IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA TOM GALATI, Appellant, CASE NO.: 2014-CV-000077-A-O Lower Case No.: 2013-SC-005104-O v. WEST COLONIAL AUTO, INC. d/b/a

More information

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA ADVANCED 3-D DIAGNOSTICS, INC., as assignee of Marck Chery, CASE NO.: 2014-CV-000058-A-O Lower Case No.: 2013-SC-001600-O

More information

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT CHARLES K. AMSTONE A/K/A CHARLES KENT AMSTONE and CAROLYN B. AMSTONE,

More information

Third District Court of Appeal State of Florida

Third District Court of Appeal State of Florida Third District Court of Appeal State of Florida Opinion filed April 10, 2019. Not final until disposition of timely filed motion for rehearing. No. 3D18-1013 Lower Tribunal No. 15-9538 Keys Country Resort,

More information

FLORIDA SUPREME COURT. JEAN ANN KOLINCHAK and GERARD BERNOTAS. Appellants, 2DCA Case No. 2D v. SCG l 509 FIRST FEDERAL BANK OF FLORIDA,

FLORIDA SUPREME COURT. JEAN ANN KOLINCHAK and GERARD BERNOTAS. Appellants, 2DCA Case No. 2D v. SCG l 509 FIRST FEDERAL BANK OF FLORIDA, FLORIDA SUPREME COURT JEAN ANN KOLINCHAK and GERARD BERNOTAS O Appellants, 2DCA Case No. 2D11-4598 v. SCG l 509 FIRST FEDERAL BANK OF FLORIDA, Appellee BRIEF AND TABLE OF CONTENTS OF APPELLANTS JEAN ANN

More information

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT JUDY HELD, Appellant, v. U.S. BANK NATIONAL ASSOCIATION, as Trustee for C-BASS 2007-CB7 Trust, Mortgage Loan Asset-Backed Certificates,

More information

IN THE SUPREME COURT OF FLORIDA. IN RE: ESTATE OF CASE NO. SC04- Lower Tribunal No. 2D ALVARADO KELLY,

IN THE SUPREME COURT OF FLORIDA. IN RE: ESTATE OF CASE NO. SC04- Lower Tribunal No. 2D ALVARADO KELLY, IN THE SUPREME COURT OF FLORIDA IN RE: ESTATE OF CASE NO. SC04- Lower Tribunal No. 2D03-110 ALVARADO KELLY, Deceased. / SARAH D. CUEVAS, as Personal Representative of the Estate of Alvarado Kelly, deceased

More information

IN THE FOURTH DISTRICT COURT OF APPEAL STATE OF FLORIDA

IN THE FOURTH DISTRICT COURT OF APPEAL STATE OF FLORIDA IN THE FOURTH DISTRICT COURT OF APPEAL STATE OF FLORIDA LESLIE K. HARRIS, v. Appellant, Case No. 4D13-1620 L.T. Case No. 2010-CA-7346 DEUTSCHE BANK NATIONAL TRUST CO., AS TRUSTEE; and INDYMAC BANK, FSB,

More information

KEON ROUSE, CASE NO.: CVA LOWER COURT CASE NO.:

KEON ROUSE, CASE NO.: CVA LOWER COURT CASE NO.: IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA KEON ROUSE, CASE NO.: CVA1 08-06 LOWER COURT CASE NO.: Appellant 2006-SC-8752 v. UNITED AUTOMOBILE INSURANCE COMPANY,

More information

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED WILLIAM O. MCNAIR, Appellant, CORRECTED

More information

Third District Court of Appeal State of Florida

Third District Court of Appeal State of Florida Third District Court of Appeal State of Florida Opinion filed October 13, 2016. Not final until disposition of timely filed motion for rehearing. No. 3D14-2208 Lower Tribunal No. 14-2149 Jorge Pablo Collazo

More information

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT GEORGE TUNISON III, Appellant, v. Case No: 2D13-3351 BANK OF AMERICA,

More information

Third District Court of Appeal State of Florida

Third District Court of Appeal State of Florida Third District Court of Appeal State of Florida Opinion filed October 31, 2018. Not final until disposition of timely filed motion for rehearing. No. 3D17-2028 Lower Tribunal No. 14-31363 Amada Ortega,

More information

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT CITIGROUP MORTGAGE LOAN TRUST INC., Appellant, v. JACK SCIALABBA and SHARON SCIALABBA, Appellees. No. 4D17-401 [March 7, 2018] Appeal from

More information

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT MARGARET BURT, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant, v. Case No. 5D13-715

More information

IN THE SECOND DISTRICT COURT OF APPEAL IN AND FOR THE STATE OF FLORIDA

IN THE SECOND DISTRICT COURT OF APPEAL IN AND FOR THE STATE OF FLORIDA IN THE SECOND DISTRICT COURT OF APPEAL IN AND FOR THE STATE OF FLORIDA KIPPS COLONY II CONDOMINIUM ASSOCIATION, INC., v. Appellant, CHARLES C. KNIGHTON, et. al., Case No.: 2D14-4110 L.T. No.: 11-4717-CI-11

More information

Third District Court of Appeal State of Florida

Third District Court of Appeal State of Florida Third District Court of Appeal State of Florida Opinion filed November 22, 2017. Not final until disposition of timely filed motion for rehearing. Nos. 3D15-2590 & 3D17-1478 Lower Tribunal No. 13-30482

More information

Third District Court of Appeal State of Florida

Third District Court of Appeal State of Florida Third District Court of Appeal State of Florida Opinion filed August 9, 2017. Not final until disposition of timely filed motion for rehearing. No. 3D16-2445 Lower Tribunal No. 11-32903 The Bank of New

More information

Third District Court of Appeal State of Florida

Third District Court of Appeal State of Florida Third District Court of Appeal State of Florida Opinion filed February 3, 2016. Not final until disposition of timely filed motion for rehearing. No. 3D14-2611 Lower Tribunal No. 13-35832 JVN Holdings,

More information

Third District Court of Appeal State of Florida

Third District Court of Appeal State of Florida Third District Court of Appeal State of Florida Opinion filed October 31, 2018. Not final until disposition of timely filed motion for rehearing. No. 3D17-531 Lower Tribunal No. 15-26358 Darcy Santos,

More information

Third District Court of Appeal State of Florida

Third District Court of Appeal State of Florida Third District Court of Appeal State of Florida Opinion filed March 28, 2018. Not final until disposition of timely filed motion for rehearing. No. 3D17-968 Lower Tribunal No. 15-19192 Rita D. Garcia,

More information

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT LIBERTY HOME EQUITY SOLUTIONS, INC., FORMERLY KNOWN AS GENWORTH FINANCIAL HOME EQUITY ACCESS, INC., Appellant, v. PATSY RAULSTON a/k/a PATSY

More information

In the District Court of Appeal Fifth District of Florida

In the District Court of Appeal Fifth District of Florida In the District Court of Appeal Fifth District of Florida CASE NO. 5D15-3924 (Circuit Court Case No. 12-CA-2386) CURT A. BOWMAN and MICHELE A. BOWMAN, Appellants, v. MTGLQ INVESTORS, LP, et al., Appellees.

More information

Third District Court of Appeal State of Florida

Third District Court of Appeal State of Florida Third District Court of Appeal State of Florida Opinion filed July 02, 2014. Not final until disposition of timely filed motion for rehearing. No. 3D13-461 Lower Tribunal No. 11-21566 Ocean Bank, Appellant,

More information

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT HSBC BANK USA, NATIONAL ASSOCIATION, as trustee for DEUTSCHE ALT-A

More information

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2013

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2013 GERBER, J. DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2013 ELROY A. PHILLIPS, Appellant, v. CITY OF WEST PALM BEACH, Appellee. No. 4D13-782 [January 8, 2014] The plaintiff

More information

IN THE SUPREME COURT OF FLORIDA Case No. SC Fifth DCA Case No. 5D th Judicial Circuit Case No. 06-CA-1003 and 06-CA-8702

IN THE SUPREME COURT OF FLORIDA Case No. SC Fifth DCA Case No. 5D th Judicial Circuit Case No. 06-CA-1003 and 06-CA-8702 IN THE SUPREME COURT OF FLORIDA Case No. SC10-1892 Fifth DCA Case No. 5D09-1761 9 th Judicial Circuit Case No. 06-CA-1003 and 06-CA-8702 Upon Petition for Discretionary Jurisdiction Review Of A Decision

More information

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2002

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2002 IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2002 INTER-ACTIVE SERVICES, INC., Appellant, v. Case No. 5D01-1158 HEATHROW MASTER ASSOCIATION, INC., Appellee. / Opinion

More information

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT. v. Case No. 5D16-53

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT. v. Case No. 5D16-53 IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT INTERIM NON-DISPOSITIVE OPINION. NO MANDATE WILL BE ISSUED AT THIS TIME. JOE MADL AND MELISSA MADL, Appellants, v. Case No. 5D16-53

More information

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA IN THE SUPREME COURT OF FLORIDA CARMEN DESOCIO : : Respondent-Plaintiff, : : Case No. v. : Second District Court of : Appeal No. 04-2112 : Sixth Judicial Circuit, Pinellas County : Case No. 02-007080CI-011

More information

IN THE SUPREME COURT STATE OF FLORIDA PRO-ART DENTAL LAB, INC. Petitioner, V-STRATEGIC GROUP, LLC. Respondent.

IN THE SUPREME COURT STATE OF FLORIDA PRO-ART DENTAL LAB, INC. Petitioner, V-STRATEGIC GROUP, LLC. Respondent. IN THE SUPREME COURT STATE OF FLORIDA CASE NO. SC07-1397 PRO-ART DENTAL LAB, INC. Petitioner, v. V-STRATEGIC GROUP, LLC Respondent. RESPONDENT V-STRATEGIC GROUP, LLC S BRIEF ON JURISDICTION ON DISCRETIONARY

More information

Third District Court of Appeal State of Florida

Third District Court of Appeal State of Florida Third District Court of Appeal State of Florida Opinion filed January 2, 2019. Not final until disposition of timely filed motion for rehearing. No. 3D17-1859 Lower Tribunal No. 07-99-M Rodney E. Shands,

More information

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM v. Case No. 5D CORRECTED TONY LIPPI,

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM v. Case No. 5D CORRECTED TONY LIPPI, IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2012 DEUTSCHE BANK NATIONAL TRUST COMPANY, ETC., Appellant, v. Case No. 5D10-946 CORRECTED TONY LIPPI, Appellee. / Opinion

More information

FINAL ORDER REVERSING TRIAL COURT. Eviction entered June 2, 2014 in favor of Appellees, Herbert and Joann Greene ( the

FINAL ORDER REVERSING TRIAL COURT. Eviction entered June 2, 2014 in favor of Appellees, Herbert and Joann Greene ( the IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA SHALONDA E. WILKS, v. Appellant, CASE NO.: 2014-CV-000036-A-O Lower Case No.: 2014-CC-004299-O HERBERT GREENE and JOANN

More information

IN THE SUPREME COURT OF FLORIDA. Case No.: SC L.T. Case No.: 3D LOUIS R. MENENDEZ, JR. and CATHY MENENDEZ, Petitioners,

IN THE SUPREME COURT OF FLORIDA. Case No.: SC L.T. Case No.: 3D LOUIS R. MENENDEZ, JR. and CATHY MENENDEZ, Petitioners, IN THE SUPREME COURT OF FLORIDA Case No.: SC08-789 L.T. Case No.: 3D06-2570 LOUIS R. MENENDEZ, JR. and CATHY MENENDEZ, Petitioners, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Respondent. On Discretionary

More information

IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR MARION COUNTY, FLORIDA. vs. Case No: ORDER ESTABLISHING MOTION PRACTICE PROCEDURE

IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR MARION COUNTY, FLORIDA. vs. Case No: ORDER ESTABLISHING MOTION PRACTICE PROCEDURE IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR MARION COUNTY, FLORIDA Plaintiff, vs. Case No: 2017- Defendant. / ORDER ESTABLISHING MOTION PRACTICE PROCEDURE THIS CAUSE is before the Court

More information

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT SADRUDDIN BABUL and RAHMAT BARKAT, Appellants, v. Case No. 2D07-4541

More information

IN THE DISTRICT COURT OF APPEAL SECOND DISTRICT, STATE OF FLORIDA CASE NO: 2D v. L.T. Case No.: CA XX

IN THE DISTRICT COURT OF APPEAL SECOND DISTRICT, STATE OF FLORIDA CASE NO: 2D v. L.T. Case No.: CA XX IN THE DISTRICT COURT OF APPEAL SECOND DISTRICT, STATE OF FLORIDA CASE NO: 2D13-5700 DENNIS J. CREADON, and ARTHUR L. MILTIADES, Appellants, v. L.T. Case No.: 11-2009-CA-0990-0001-XX THORNBURG MORTGAGE

More information

Supreme Court of Florida

Supreme Court of Florida Supreme Court of Florida No. SC04-774 ANSTEAD, J. COLBY MATERIALS, INC., Petitioner, vs. CALDWELL CONSTRUCTION, INC., Respondent. [March 16, 2006] We have for review the decision in Colby Materials, Inc.

More information

CASE NO. 1D John T. Conner of Dean, Ringers, Morgan & Lawton, P.A., Orlando, for Appellees.

CASE NO. 1D John T. Conner of Dean, Ringers, Morgan & Lawton, P.A., Orlando, for Appellees. IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA KURT SCHROEDER and LINDA SCHROEDER, v. Appellants, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF

More information

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM v. Case No. 5D D

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM v. Case No. 5D D IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2012 BERTHA SANCHEZ AND INTERNATIONAL RESTAURANTS CORPORATION, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING

More information

Third District Court of Appeal State of Florida

Third District Court of Appeal State of Florida Third District Court of Appeal State of Florida Opinion filed December 16, 2015. Not final until disposition of timely filed motion for rehearing. No. 3D15-557 Lower Tribunal No. 11-31116 PennyMac Corp.,

More information

Third District Court of Appeal State of Florida

Third District Court of Appeal State of Florida Third District Court of Appeal State of Florida Opinion filed May 17, 2017. Not final until disposition of timely filed motion for rehearing. No. 3D16-1268 Lower Tribunal No. 14-22598 University Housing

More information

Third District Court of Appeal State of Florida, July Term, A.D. 2009

Third District Court of Appeal State of Florida, July Term, A.D. 2009 Third District Court of Appeal State of Florida, July Term, A.D. 2009 Opinion filed July 15, 2009. Not final until disposition of timely filed motion for rehearing. No. 3D08-3132 Lower Tribunal No. 05-10127

More information

IN THE SUPREME OF FLORIDA RESPONDENT S ANSWER BRIEF ON JURISDICTION ON DISCRETIONARY REVIEW FROM A DECISION OF THE FOURTH DISTRICT COURT OF APPEAL

IN THE SUPREME OF FLORIDA RESPONDENT S ANSWER BRIEF ON JURISDICTION ON DISCRETIONARY REVIEW FROM A DECISION OF THE FOURTH DISTRICT COURT OF APPEAL IN THE SUPREME OF FLORIDA CASE NO.: SC06-88 4DCA CASE NO.: 4D 04-1350 MICHAEL GLYNN vs. Petitioner, FIRST UNION NATIONAL BANK, Respondent. / RESPONDENT S ANSWER BRIEF ON JURISDICTION ON DISCRETIONARY REVIEW

More information

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT BK MARINE CONSTRUCTION, INC., Appellant, v. SKYLINE STEEL, LLC, and GREAT AMERICAN INSURANCE COMPANY, Appellees. No. 4D16-1241 [November

More information

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT. v. Case No. 5D

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT. v. Case No. 5D IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED MARK ALAN HAYNES, Appellant, v. Case No.

More information

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA LAS PALMAS AT SAND LAKE CONDOMINIUM ASSOCIATION, INC., CASE NO.: 2014-CV-000038-A-O Lower Case No.: 2014-CC-001945-O

More information

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NATIONSTAR MORTGAGE, LLC, Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED v.

More information

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT PROVIDENT FUNDING ASSOCIATES, ) L.P., ) ) Appellant, ) ) v. )

More information

v. CASE NO.: CVA Lower Court Case No.: 2005-SC O

v. CASE NO.: CVA Lower Court Case No.: 2005-SC O IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA STAR CAMCAM, Appellant, v. CASE NO.: CVA1 08-23 Lower Court Case No.: 2005-SC-11413-O ALLSTATE INSURANCE COMPANY, Appellee.

More information

IN THE SUPREME COURT OF FLORIDA. Case No. SC MARK TETZLAFF Petitioner, vs. FLORIDA UNEMPLOYMENT APPEALS COMM N Respondent.

IN THE SUPREME COURT OF FLORIDA. Case No. SC MARK TETZLAFF Petitioner, vs. FLORIDA UNEMPLOYMENT APPEALS COMM N Respondent. IN THE SUPREME COURT OF FLORIDA Case No. SC-04-591 MARK TETZLAFF Petitioner, vs. FLORIDA UNEMPLOYMENT APPEALS COMM N Respondent. ON PETITION FOR DISCRETIONARY REVIEW FROM THE DISTRICT COURT OF APPEAL OF

More information

Information or instructions: Plea in abatement motion & Order to quash service Alternate Form

Information or instructions: Plea in abatement motion & Order to quash service Alternate Form Information or instructions: Plea in abatement motion & Order to quash service Alternate Form 1. The following form may be used to request the court to cancel or quash service of citation on a party and

More information

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT ENEIDA REYES, Appellant, v. Case No. 2D15-3495 BAC HOME LOANS

More information

IN THE FOURTH DISTRICT COURT OF APPEAL FOR THE STATE OF FLORIDA CASE NO. 4DCA#: L.T. Case No CPOOCP005095XXXXSB

IN THE FOURTH DISTRICT COURT OF APPEAL FOR THE STATE OF FLORIDA CASE NO. 4DCA#: L.T. Case No CPOOCP005095XXXXSB IN THE FOURTH DISTRICT COURT OF APPEAL FOR THE STATE OF FLORIDA CASE NO. 4DCA#: 13-3796 L.T. Case No. 502011CPOOCP005095XXXXSB JASON HALLE, Appellant, v. PETER HALLE, Appellee. ON APPEAL FROM THE CIRCUIT

More information

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT. v. Case No. 5D

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT. v. Case No. 5D IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT RICHARD W. TAYLOR, P.A., NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant, v.

More information

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2014

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2014 DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2014 WE HELP COMMUNITY DEVELOPMENT CORPORATION, a Florida non-profit corporation, Appellant, v. CIRAS, LLC, an Ohio limited

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA

IN THE SUPREME COURT OF THE STATE OF FLORIDA IN THE SUPREME COURT OF THE STATE OF FLORIDA ORMOND BEACH ASSOCIATES LIMITED PARTNERSHIP, ET AL., Petitioners, Case No. SC03-371 v. CITATION MORTGAGE, LTD., ET AL., Respondents. / RESPONSE TO PETITIONERS

More information

IN THE SUPREME COURT OF FLORIDA. vs. L.T. NO.: 3D ON NOTICE TO INVOKE DISCRETIONARY JURISDICTION FROM THE THIRD DISTRICT COURT OF APPEAL

IN THE SUPREME COURT OF FLORIDA. vs. L.T. NO.: 3D ON NOTICE TO INVOKE DISCRETIONARY JURISDICTION FROM THE THIRD DISTRICT COURT OF APPEAL IN THE SUPREME COURT OF FLORIDA CATHERINE RIGGINS Petitioner, CASE NO.: SC06-205 vs. L.T. NO.: 3D04-2620 AMERICAN EXPRESS CENTURION BANK, Respondent. / ON NOTICE TO INVOKE DISCRETIONARY JURISDICTION FROM

More information

Third District Court of Appeal State of Florida

Third District Court of Appeal State of Florida Third District Court of Appeal State of Florida Opinion filed August 8, 2018. Not final until disposition of timely filed motion for rehearing. Nos. 3D17-368 and 3D16-2092 Lower Tribunal No. 13-21464 Wells

More information

SUPREME COURT OF FLORIDA JAMES LEVOY WATERS, Petitioner, SHERIFF, ESCAMBIA COUNTY FLORIDA, Respondent. CASE NO. SC

SUPREME COURT OF FLORIDA JAMES LEVOY WATERS, Petitioner, SHERIFF, ESCAMBIA COUNTY FLORIDA, Respondent. CASE NO. SC Electronically Filed 08/26/2013 04:20:02 PM ET RECEIVED, 8/26/2013 16:23:40, Thomas D. Hall, Clerk, Supreme Court SUPREME COURT OF FLORIDA JAMES LEVOY WATERS, Petitioner, v. SHERIFF, ESCAMBIA COUNTY FLORIDA,

More information

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT NATIONSTAR MORTGAGE, LLC, as successor in interest to WELLS FARGO

More information

Third District Court of Appeal State of Florida

Third District Court of Appeal State of Florida Third District Court of Appeal State of Florida Opinion filed August 12, 2015. Not final until disposition of timely filed motion for rehearing. No. 3D14-2539 No. 3D14-904 Lower Tribunal No. 11-42103 Michele

More information

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT BANK OF AMERICA, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO

More information

CASE NO. 1D Daniel W. Hartman of Hartman Law Firm, P.A.; Eric S. Haug of Eric S. Haug Law & Consulting, P.A., Tallahassee, for Appellants.

CASE NO. 1D Daniel W. Hartman of Hartman Law Firm, P.A.; Eric S. Haug of Eric S. Haug Law & Consulting, P.A., Tallahassee, for Appellants. IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA SANDRA A. FORERO and WILLIAM L. FORERO, v. Appellants, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF

More information

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2013

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2013 DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2013 LESLIE K. HARRIS, Appellant, v. ABERDEEN PROPERTY OWNERS ASSOCIATION, INC., ABERDEEN GOLF & COUNTRY CLUB, INC., and BRISTOL

More information

IN THE DISTRICT COURT OF APPEAL SECOND DISTRICT, LAKELAND, FLORIDA. v. Case No.: 2D12- PETITION FOR WRIT OF PROHIBITION

IN THE DISTRICT COURT OF APPEAL SECOND DISTRICT, LAKELAND, FLORIDA. v. Case No.: 2D12- PETITION FOR WRIT OF PROHIBITION KATHLEEN M. LEWIS and PATRICK T. LEWIS, IN THE DISTRICT COURT OF APPEAL SECOND DISTRICT, LAKELAND, FLORIDA Petitioners, L.T. Case No. 09-5256-CA v. Case No.: 2D12- HONORABLE GEORGE C. RICHARDS and DEUTSCHE

More information

Third District Court of Appeal State of Florida

Third District Court of Appeal State of Florida Third District Court of Appeal State of Florida Opinion filed June 1, 2016. Not final until disposition of timely filed motion for rehearing. No. 3D14-2782 Consolidated: 3D14-2707 Lower Tribunal No. 13-31175

More information