PNC BANK, N.A., APPELLANT,
v.
JIMMIE P. NEAL, JR., COLLEEN M. NEAL, ET AL., APPELLEES

Fla. 1st DCA | 2013-10-25
No. 1D12-2544
THOMAS, CLARK, and ROWE, JJ., concur.
147 So. 3d 32 Florida District Court of Appeal, First District (2013) Positive Treatment
Cited by 9 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

PNC Bank, N.A., appeals the circuit court’s order granting the Neals motion to dismiss with prejudice PNC Bank’s foreclosure action against them. We affirm, but point out that the dismissal with prejudice of PNC Bank’s foreclosure action against the Neals does not preclude PNC Bank from instituting a new foreclosure action based on a different act or a new date of default not alleged in the dismissed action. See Star Funding Solutions, LLC v. Krondes, 101 So.3d 403 (Fla. 4th DCA 2012) (citing Singleton v. Greymar Assocs., 882 So.2d 1004,1005 (Fla.2004)).

AFFIRMED.

THOMAS, CLARK, and ROWE, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Bartram v. U.S. Bank Nat'l Ass'n, 211 So. 3d 1009 (Fla. 2016)
    …ction with an acceleration of the debt may bar a subsequent foreclosure action based on the same event of default, it does not bar subsequent actions and acceleration based upon different events of default.” Id. Similarly, in PNC Bank, N.A. v. Neal, 147 So. 3d 32, 32 (Fla. 1st DCA 2013), the First District held that an initial foreclosure action that sought acceleration and was dismissed with prejudice did not bar the mortgagee from “instituting a new foreclosure action based on a different act or a new date…
  • Deutsche Bank Tr. Co. Americas v. Beauvais, 188 So. 3d 938 (Fla. 3d DCA 2016)
    …uent, and separate alleged default create[s] a new default and independent right in the mortgagee to accelerate payment on the note in a subsequent foreclosure action.” Singleton, 882 So. 2d at 1008 (emphasis added); see, e.g., PNC Bank, NA v. Neal, 147 So. 3d 32, 32 (Fla. 1st DCA 2013) (stating, that “the dismissal 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 dismi…
  • U.S. Bank Nat'l Ass'n v. Bartram, 140 So. 3d 1007 (Fla. 5th DCA 2014)

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