IRENE J. PRIDGEN, APPELLANT,
v.
FIRST UNION BANK, APPELLEE
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The court held that an order merely scheduling a foreclosure sale is not a final appealable order, and the court lacked jurisdiction over the untimely appeal of the underlying judgment.
The appellant filed an untimely appeal from a foreclosure judgment, and then later appealed an order scheduling the foreclosure sale. The prior appeal…
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NORTHCUTT, Judge.
This case arises from a mortgage foreclosure. Irene Pridgen previously filed an untimely appeal from the final judgment of foreclosure, and this court dismissed it for lack of jurisdiction. Roughly twenty-five months after the foreclosure judgment was rendered, Pridgen filed this appeal, directed to an order scheduling the foreclosure sale.
An order that merely schedules a foreclosure sale is not a final appealable order. Rather, it is a purely administrative, interlocutory step in the judicial sales process. See § 45.031(1), Fla. Stat. (2003). Neither is the order appealed here an appealable nonfinal order under Florida Rule of Appellate Procedure 9.130.
In any event, Pridgen’s brief makes no complaint about the order appealed. Rather, all of her arguments challenge the underlying foreclosure judgment, which was not timely appealed. We have no jurisdiction to grant her any relief in that regard. See Beal Bank, S.S.B., Inc. v. Sherwin, 829 So. 2d 961 (Fla. 4th DCA 2002); Hoyt v. State, 810 So. 2d 1007 (Fla. 4th DCA 2002).
For these reasons, we dismiss this appeal.
STRINGER and WALLACE, JJ., Concur.
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Venezia v. Wells Fargo Bank, 258 So. 3d 539 (Fla. 3d DCA 2018)
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Lisonel Perez v. Jaimot, 326 So. 3d 748 (Fla. 3d DCA 2021)
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Neelam Uppal v. Nationstar Mortg. L L C, 287 So. 3d 545 (Fla. 2d DCA 2020)…PER CURIAM. Dismissed. See Uppal v. Wells Fargo, 287 So. 3d 545, 545 (Fla. 2d DCA 2019) (citing Pridgen v. First Union Bank, 879 So. 2d 21, 21 (Fla. 2d DCA 2004) ("An order that merely schedules a foreclosure sale is not a final appealable order [or] an appealable nonfinal order under Florida Rule of Appellate Procedure 9.130.")). LaROSE, ROTHSTEIN-YOUAKIM, and SMITH, JJ., Concur.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Beal Bank v. Irwin J. and Marcia M. Sherwin, 829 So. 2d 961 (Fla. 4th DCA 2002)
- Lewin v. State, 810 So. 2d 1007 (Fla. 4th DCA 2002)