AMER SALEM RUSTOM, APPELLANT,

v.

MICHELLE SPARLING, APPELLEE

Citator

Cited By

• Deutsche Bank Nat'l Tr. Co. for Ameriquest Mortg. Sec., Inc. v. Huber, 137 So. 3d 562 (Fla. 4th DCA 2014)
  …e servicing agent’s lack of standing. Since the record is clear that the servicing agent was not a party to the action as it was not the entity that filed the complaint, it was improper for the court to make such a determination. Rustom v. Sparling, 685 So. 2d 90, 90 (Fla. 4th DCA 1997) (“The trial court may not adjudicate the rights of a non-party.”). Therefore, although we af [*565] firm the dismissal on the grounds stated above, we remand for the trial court to strike the portions of the final judgment cl…
• Beaumont v. Bank OF NEW York Mellon, 81 So. 3d 553 (Fla. 5th DCA 2012)
  …ar Home Mortgage, Inc. (“Novastar”), a non-party to the suit because of its prior withdrawal from the case. It is fundamental error to enter judgment in favor of a non-party. Beseau v. Bhalani, 904 So. 2d 641 (Fla. 5th DCA 2005); Rustom v. Sparling, 685 So. 2d 90 (Fla. 4th DCA 1997). The defect, which is jurisdictional, can be raised by this Court sua sponte. Dep’t of Envtl. Prot. v. Garcia, — So. 3d -, 2011 WL 3300540 (Fla. 3d DCA 2011). The judgment would also have to be reversed even if entered in favor…
• Tieu Quoc Tran v. Fragnoli, 834 So. 2d 939 (Fla. 2d DCA 2003)
  …an’s contract with the County obligated him to repay the full amount of the medical expenses paid on his behalf. We affirm the order insofar as the court found it lacked jurisdiction to adjudicate the rights of a non-party. See Rustom v. Sparling, 685 So. 2d 90 (Fla. 4th DCA 1997). But without jurisdiction, the court had no authority to decide the merits of Tran’s motion. We therefore reverse the court’s ruling concerning Tran’s obligation under the contract. That ruling shall have [*940] no effect on any…