PAUL DESCALLY, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
Paul Descally moves for rehearing of our previous affirmance of denial of post-conviction relief. We grant the motion for rehearing, withdraw the previous opinion, and remand for an evidentiary hearing to determine whether Descally may belatedly petition for post-conviction relief where he was incarcerated in Federal prison and allegedly deprived of access to Florida legal materials or whether he was represented by counsel during the two-year statutory period for pursuing post-conviction relief under rule 3.850, Florida Rules of Criminal Procedure (2000). See Ballester v. State, 781 So. 2d 503 (Fla. 3d DCA 2001).
Motion for rehearing granted; prior decision withdrawn; remanded for evidentiary hearing.
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Regions Bank v. Albert and Adrienne Deluca, 97 So. 3d 879 (Fla. 2d DCA 2012)…gliotti Pipeline, Inc., 624 So. 2d 844, 845 (Fla. 2d DCA 1993) (citing Bank of S. Palm Beaches v. Stockton, Whatley, Davin & Co., 473 So. 2d 1358, 1360 (Fla. 4th DCA 1985), abrogated on other grounds by Suntrust Bank v. Riverside Nat’l Bank of Fla., 792 So. 2d 1222 (Fla. 4th DCA 2001)). “Constructive notice is a legal inference, and it is imputed to creditors and subsequent purchasers by virtue of any document filed in the grantor/grantee index — the official records.” Dunn v. Stack, 418 So. 2d 345, 349 (Fla.…
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Tribeca Lending Corp. v. Real Est. Depot, Inc., 42 So. 3d 258 (Fla. 4th DCA 2010)…roves, Inc., 767 So. 2d 587, 591 (Fla. 4th DCA 2000). Equitable subrogation will be granted to prevent unjust enrichment even though the party seeking it was negligent, as long as there is no prejudice. Suntrust Bank v. Riverside Nat’l Bank of Fla., 792 So. 2d 1222, 1227 n. 3 (Fla. 4th DCA 2001). Furthermore, we have recognized that a refinancing lender is equitably subrogated to the priority of the first mortgage even where it has actual knowledge of an intervening lien. Id. at 1225. As it is an equitable re…
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Aurora Loan Servs. LLC v. Yuri Senchuk, 36 So. 3d 716 (Fla. 1st DCA 2010)…existed between the debtors and the refinancing bank which stated the bank would be entitled to the rights and remedies of the first mortgage holder. Id. at 1325. ' [*720] Several years later, in Suntrust Bank v. Riverside National Bank of Florida, 792 So. 2d 1222 (Fla. 4th DCA 2001), an en banc decision, the Fourth District issued an opinion on the matter of equitable sub-rogation in the mortgage context. In Sun-trust, the Fourth District applied the doctrine to preserve Suntrust’s rights after Suntrust paid…1 / 3
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- Reynard Gaskin v. State, 781 So. 2d 503 (Fla. 3d DCA 2001)