PROSPERO MUNGUIA, APPELLANT,
v.
MIAMI-DADE COUNTY SCHOOL BOARD, ETC., ET AL., APPELLEES
PROSPERO MUNGUIA, APPELLANT,
MIAMI-DADE COUNTY SCHOOL BOARD, ETC., ET AL., APPELLEES
90 So. 3d 824
Florida District Court of Appeal, Third District (2011)
Positive Treatment
Cited by 6 cases
Opinion of the Court
On Motion to Dismiss as Untimely
The lower court order of July 16, 2009, which merely “granted” a motion to dismiss, was not an appealable final judgment, see Gries Inv. Co. v. Chelton, 388 So.2d 1281, 1282 (Fla. 3d DCA 1980); Donnell v. Indus. Fire & Cas. Co., 378 So.2d 1344, 1346 (Fla. 3d DCA 1980), so an earlier appeal from that order was properly dismissed. Because the present appeal was timely taken from the judgment of September 1, 2011, which actually dismissed the case and was therefore the first appealable order entered below, the appel-lees’ motion to dismiss is not well taken.
Motion denied.
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Wells Fargo Bank, N.A. v. Morcom, 125 So. 3d 320 (Fla. 5th DCA 2013)…holder entitled to enforce the instrument. Applying portions of the Florida UCC, other district courts of appeal have determined that a party that holds a note endorsed in blank has standing to foreclose a mortgage. U.S. Bank Nat’l Ass’n v. Knight, 90 So. 3d 824, 825-26 (Fla. 4th DCA 2012); Riggs v. Aurora Loan Servs., LLC, 36 So. 3d 932, 933 (Fla. 4th DCA 2010); Mortg. Elect. Registration Sys., Inc. v. Azize, 965 So. 2d 151 (Fla. 2d DCA 2007); Mortg. Elect. Registration Sys., Inc. v. Revoredo, 955 So. 2d 3…
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Clay Cnty. Land Tr. # 08-04-25-0078-014-27 v. Jpmorgan Chase Bank, 152 So. 3d 83 (Fla. 1st DCA 2014)…te and an undated allonge to the note containing an endorsement in blank. This was sufficient to establish as a matter of law that appellee had standing to bring the foreclosure action. See Morcom, 125 So. 3d at 322; U.S. Bank Nat’l Ass’n v. Knight, 90 So. 3d 824 (Fla. 4th DCA 2012); Deutsche Bank Nat’l Trust Co. v. Lippi, 78 So. 3d 81, 85 (Fla. 5th DCA 2012). As to its final claim, appellant asserts the trial court erred in entering summary judgment based on the affidavit of Theresa Klingelhofer, appellee’…
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Wells Fargo Bank v. Bohatka, 112 So. 3d 596 (Fla. 1st DCA 2013)…g Hopke v. O’Byrne, 148 So. 2d 755, 755 (Fla. 1st DCA 1963)). As in Thomas, which involved a mortgage dispute, these principles continue to apply in the modern day world of mortgage foreclosure litigation. See, e.g., U.S. Bank Nat'l Ass’n v. Knight, 90 So. 3d 824 (Fla. 4th DCA 2012) (reversing dismissal with prejudice of mortgage foreclosure complaint); WM Specialty Mortg., LLC v. Salomon, 874 So. 2d 680, 682-83 (Fla. 4th DCA 2004) (reversing grant of dismissal upon necessity of hearing on allegations of equ…1 / 2
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gries Inv. Co. v. Chelton, 388 So. 2d 1281 (Fla. 3d DCA 1980)
- Maltzman v. Pickett, 378 So. 2d 1344 (Fla. 3d DCA 1980)