JOYCE A. FIORENTINO AND ANTONIO FIORENTINO, APPELLANTS,
v.
BAC HOME LOANS SERVICING, LP, ETC., ET AL., APPELLEES

Fla. 5th DCA | 2015-04-24
No. 5D13-3250
SAWAYA, ORFINGER and BERGER, JJ., concur.
162 So. 3d 1162 Florida District Court of Appeal, Fifth District (2015) Positive Treatment
Cited by 1 case

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Holding

The court held that granting summary judgment after a nonjury trial is improper and reversible error.


Facts & Procedural History

Appellants appealed an order titled 'Summary Final Judgment of Foreclosure' entered in favor of BAC Home Loans Servicing, LP after a nonjury trial. Th…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Joyce Fiorentino and her husband, Antonio, timely appeal an order entitled “Summary Final Judgment of Foreclosure,” entered in favor of BAC Home Loans Servicing, LP after a nonjury trial. We reverse.

A summary judgment is a pretrial mechanism. Williams v. Washington, 120 So.3d 1263, 1264 (Fla. 1st DCA 2013). Its principle function is to “avoid the time and expense of a useless trial if it clearly appears from the pleadings, affidavits, depositions and other evidence in the record that there is no genuine issue of any material fact, and the moving party is entitled to judgment as a matter of law.” Suggs v. Allen, 563 So.2d 1132, 1133 (Fla. 1st DCA 1990) (quoting Fish Carburetor Corp. v. Great Am. Ins. Co., 125 So.2d 889, 891 (Fla. 1st DCA 1961)). It is reversible error for a trial court to grant summary judgment after a trial. Williams, 120 So.3d at 1264.

Here, the judgment issued by the trial court is both titled as a summary judgment and recites the standards applicable to summary judgment. Because the judgment was issued after a nonjury trial, and not upon a motion for summary judgment, it is improper. Accordingly, we reverse the Summary Final Judgment of Foreclosure entered by the trial court and remand for entry of a proper final judgment.1

REVERSED AND REMANDED.

SAWAYA, ORFINGER and BERGER, JJ., concur.


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