REAL ESTATE: MORTGAGE FORECLOSURE: CIVIL PROCEDURE: APPEALS: INVOLUNTARY DISMISSAL WITHOUT PREJUDICE, WITHOUT GRANTING LEAVE TO AMEND, IS A FINAL APPEALABLE ORDER: TRIAL COURT LACKS JURISDICTION TO GRANT UNTIMELY MOTION FOR REHEARING: APPELLATE COURT REFUSES TO TREAT UNTIMELY MOTION FOR REHEARING AS MOTION FOR RELIEF FROM JUDGMENT BECAUSE MOTION DID NOT INVOKE FLA. R. CIV. P. 1.540 OR COMPLY WITH ITS REQUIREMENTS: EVEN IF MOTION HAD BEEN TIMELY, IT WOULD NOT HAVE SUSPENDED RENDITION AS TO BANK BECAUSE MOTION WAS FILED BY HOMEOWNERS ASSOCIATION: APPELLATE COURT’S HOLDING DOES NOT PREVENT BANK OR ASSOCIATION FROM FILING TIMELY AND ADEQUATE MOTION FOR RELIEF FROM JUDGMENT

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Patel v. U.S. Bank National Association, ___ So. 3d ___, 40 Fla. L. Weekly D80 (Fla. 2d DCA December 31, 2014)

The trial court involuntarily dismissed a foreclosure action without prejudice and without leave to amend based upon the mistaken belief that the note was not attached to the complaint. When the trial court discovered its error, it instructed the … Click To Read Full Case Law Review...