IN RE FORFEITURE OF 1989 CHRYSLER LEBARON VIN 1C3XJ45K7K266417

Citator

Cited By

• Norris v. Paps, 615 So. 2d 735 (Fla. 2d DCA 1993)
  …1st DCA1990). Although such fraud claims may be compulsory counterclaims for purposes of Florida Rule of Civil Procedure 1.170, this fact does not necessarily preclude a severance under rule 1.270(b). Cf. Pearlman v. National Bank of New York City, 600 So. 2d 5 (Fla. 4th DCA1992) (severing foreclosure complaint for bench trial prior to jury trial on compulsory counterclaim is permissible). Nevertheless, it is more likely that a severance will prejudice a party or cause inconvenience if the severed issues i…
• Mortg. Elec. Registration Sys. v. Mahler, 928 So. 2d 470 (Fla. 4th DCA 2006)
  …fide purchasers, there must have been an absence of notice, either actual or constructive, that the foreclosure judgment included a sum greater than the total sum of $213,786.73 and the accrued interest. See Pearlman v. Nat’l Bank of New York City, 600 So. 2d 5, 7 (Fla. 4th DCA 1992) (referencing Freedom Sav. & Loan Ass’n v. Horton, 553 So. 2d 1335, 1336-37 (Fla. 1st DCA 1989)). Based on the foregoing, we hold the trial court erred in finding that Everett and Joshlyn Daley were bona fide purchasers of the…
• Person v. The Bank OF NEW York Mellon Tr. Co., N.A., 201 So. 3d 842 (Fla. 4th DCA 2016)
  …counterclaims and remand for reinstatement. As Appellant’s debt collections counterclaims request affirmative relief separate and independent of the foreclosure, the counterclaims can be tried separately. See Pearlman v. Nat’l Bank of New York City, 600 So. 2d 5, 7 (Fla. 4th DCA 1992) (severance of foreclosure complaint for bench trial prior to jury trial on compulsory counterclaim is permissible); see also Fla. R. Civ. P. 1.270(b). Therefore, our decision does not impact the final judgment of foreclosure.…

Authorities Cited

• In re Forfeiture OF 1986 Rolls Royce VIN # SCAZN42ACGC X15256. Pubsco, Inc. v. State of Fla. Dep't OF Hwy. Safety & Motor Vehicles, 564 So. 2d 215 (Fla. 4th DCA 1990)