FUTRELL CUSTOM POOLS, INC., APPELLANT,
v.
SUNSHINE CUSTOM BUILDERS, INC., ET AL., APPELLEES

Fla. 5th DCA | 2013-04-26
Nos. 5D12-2730, 5D12-3346
SAWAYA, PALMER and EVANDER, JJ., concur.
112 So. 3d 653 Florida District Court of Appeal, Fifth District (2013) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

In these consolidated mortgage foreclosure cases, Futrell Custom Pools, Inc. appeals non-final orders that vacated in part final judgments of foreclosure pursuant to Cone Brothers Construction Co. v. Moore, 193 So. 288 (Fla.1940). Concluding that Cone Brothers is still good law, we reject Futrell’s arguments. See Citimortgage, Inc. v. Henry, 24 So.3d 641 (Fla. 2d DCA 2009).

AFFIRMED.

SAWAYA, PALMER and EVANDER, JJ., concur.


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  • Bank OF Am., N.A. v. Kipps Colony II Condo. Ass'n, Inc., 201 So. 3d 670 (Fla. 2d DCA 2016)
    …mbrancer foreclosing his lien.” Citimortgage, Inc. v. Henry, 24 So. 3d 641, 643 (Fla. 2d DCA 2009) (quoting Cone Bros. Constr. Co. v. Moore, 141 Fla. 420, 193 So. 288, 290 (1940)); accord Futrell Custom Pools, Inc. v. Sunshine Custom Builders, Inc., 112 So. 3d 653, 653 (Fla, 5th DCA 2013) (concluding that Cone Brothers is still good law and affirming the trial court’s orders vacating in part the final judgment of foreclosure). It is on that basis that Bank of America argued that the Association’s action coul…

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