LATERRANCE BARNES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
LATERRANCE BARNES, APPELLANT,
STATE OF FLORIDA, APPELLEE
101 So. 3d 403
Florida District Court of Appeal, First District (2012)
Positive Treatment
Cited by 11 cases
Opinion of the Court
DISMISSED without prejudice as to the appellant’s right to file a petition for a belated appeal.
BENTON, C.J., PADOVANO and MARSTILLER, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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Bartram v. U.S. Bank Nat'l Ass'n, 211 So. 3d 1009 (Fla. 2016)…stinct defaults. See id. at 1007. As the Fourth District explained, under Singleton, a “new default, based on a different act or date of default not alleged in the dismissed action, creates a new cause of action.” Star Funding Sols., LLC v. Frondes, 101 So. 3d 403 (Fla. 4th DCA 2012). That is because, as the First District has also explained, this Court’s “analysis in Singleton recognizes that a note securing a mortgage creates liability for a total amount of principal and interest, and that the lender’s acce…
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Deutsche Bank Tr. Co. Americas v. Beauvais, 188 So. 3d 938 (Fla. 3d DCA 2016)…with prejudice of PNC Bank’s foreclosure action .,. does not preclude PNC Bank from instituting a new foreclosure action based on a different act or a new date of default not allegéd in the dismissed action”); Star Funding Solutions, LLC v. Frondes, 101 So. 3d 403, 403 (Fla. 4th DCA 2012) (citing Singleton as support for the conclusion that dismissal with prejudice of the instant action would have no impact on a subsequent foreclosure action because “[a] new default, based on a different act or date of defaul…
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U.S. Bank Nat'l Ass'n v. Bartram, 140 So. 3d 1007 (Fla. 5th DCA 2014)…subsequent foreclosure action. Thus, we approve the Fourth District’s decision in Singleton, and disapprove of the Second District’s holding in Stadler. Id. at 1007-08. Singleton was subsequently applied in Star Funding Solutions, LLC v. Krondes, 101 So. 3d 403 (Fla. 4th DCA 2012), wherein the court wrote: Star Funding Solutions, LLC, appeals the trial court’s order denying its motion to vacate the order dismissing with prejudice its foreclosure action against John and Florence Krondes, and others. We aff…
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