EUGENE F. HOFFMAN, APPELLANT,
v.
WELLS FARGO BANK MINNESOTA, ET AL., APPELLEES

Fla. 5th DCA | 2008-07-25
No. 5D05-3142
PALMER, C.J. and MONACO, J., concur.
987 So. 2d 206 Florida District Court of Appeal, Fifth District (2008) Positive Treatment
Cited by 12 cases

Opinion of the Court
PLEUS, J.

PLEUS, J.

Eugene Hoffman appeals an Amended Final Judgment of Mortgage Foreclosure in Rem. We affirm in all respects except with regard to the award of $375 attorney’s fees for work performed in a related bankruptcy case. See Martinez v. Giacobbe, 951 So. 2d 902 (Fla. 3d DCA 2007); Dvorak v. First Family Bank, 639 So. 2d 1076 (Fla. 5th DCA 1994); Pastore-Borroto Dev., Inc. v. Marevista Apartments, M.B., Inc., 596 So. 2d 526 (Fla. 3d DCA 1992); Fla. Fed. Sav. & Loan Ass’n v. Sanchez, 553 So. 2d 1254 (Fla. 3d DCA 1989).

AFFIRMED IN PART, REVERSED IN PART, AND REMANDED FOR FURTHER PROCEEDINGS CONSISTENT HEREWITH.

PALMER, C.J. and MONACO, J., concur.


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  • Ponton v. Warden John Willis, 172 So. 3d 574 (Fla. 1st DCA 2015)
    …ever succeed”). First, a habeas petition is not the proper method to challenge the judge’s authority to preside over a case and, in any event, the time for raising such a challenge has long since passed. See Johnson v. Office of the State Attorney, 987 So. 2d 206, 208 (Fla. 5th DCA 2008) (citing Card v. State, 497 So. 2d 1169 (Fla.1986)). Second, even if the judge somehow lacked the requisite authority to preside over Ponton’s case prior to September 1996, there is no question that the judge had such authori…
  • Willems Calixte v. State, 53 So. 3d 385 (Fla. 4th DCA 2011)
    …e, state attorney, and sheriff acted without jurisdiction because they did not have on file a required oath of office. Such a challenge must be timely, and must be brought by a direct quo warranto proceeding. See Johnson v. Office of State Attorney, 987 So. 2d 206 (Fla. 5th DCA 2008). To the extent that he claims that the information was not properly signed or verified, his claims do not raise a ground for postcon-viction relief. See Logan v. State, 1 So. 3d 1253 (Fla. 4th DCA 2009). Affirmed. WARNER,…
  • Wali Saleem v. Off. OF the State Attorney, 993 So. 2d 76 (Fla. 5th DCA 2008)
    …es that Wixtrom was not appointed to the position of Assistant State Attorney until January 2, 2001. Assuming that to be true, Saleem asks to have the complaint against him dismissed. This case is controlled by Johnson v. Office of State Attorney, 987 So. 2d 206 (Fla. 5th DCA 2008). In Johnson, a petition for quo warranto was dismissed because quo warranto is not a proper vehicle for seeking post-conviction relief years after a conviction. This Court held Johnson waived his right to complain that elected of…

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