PASTOR PAUL IGBINADOLOR, APPELLANT,
v.
DEUTSCHE BANK NATIONAL TRUST COMPANY, ETC., APPELLEE
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Court dismissed appeal as untimely filed, holding that appellant's appeal of the final foreclosure judgment exceeded the thirty-day filing deadline and his challenge to the foreclosure sale lacked a timely objection under Florida law.
An appeal of a final foreclosure judgment filed more than thirty days after rendition is untimely and must be dismissed, and an appeal challenging a foreclosure sale is similarly untimely when no objection is filed within ten days of the sale date.
[1] A foreclosure action properly terminates a tenant's possessory interest in property when the tenant is joined as a party and receives notice of the proceedings, even if t…
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Join FLexlaw to unlock all legal intelligencePastor Paul Igbinadolor sought to set aside a Final Judgment of Foreclosure and the foreclosure sale. The judgment was rendered on June 19, 2013, and …
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Pastor Paul Igbinadolor seeks to set aside the Final Judgment of Foreclosure and the foreclosure sale. We dismiss the appeal of the Final Judgment as this Court is without jurisdiction to hear the matter. The appeal of the Final Judgment was untimely filed more than thirty days after the June 19, 2013 rendition of that judgment. We similarly dismiss the appeal as untimely filed as to the March 31, 2016 foreclosure sale, where no objection was filed within ten days of date of sale pursuant to section 45.031(8), Florida Statutes (2016).1
Dismissed.
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Citator
Cited By
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Tanis v. HSBC Bank USA, N.A., 289 So. 3d 517 (Fla. 3d DCA 2019)…nts were apprised of the pendency of the action, thus afforded an opportunity to object, we ascertain no abuse of discretion in the ruling of the trial court. Mason, 145 U.S. at 356, 12 S. Ct. at 888; see Igbinadolor v. Deutsche Bank Nat’l Tr. Co., 215 So. 3d 192 (Fla. 3d DCA 2017) (“We . . . dismiss the appeal as untimely filed as to the March 31, 2016 foreclosure sale, where no objection was filed within ten days of date of sale pursuant to section 45.031(8), Florida Statutes.”); Ryan v. Countrywide Home L…
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Aisner v. 21ST Mortg. Corp. (Fla. 3d DCA 2019)…ising, inter alia, that tenant’s rental agreement is terminated on the date of delivery of the notice, and that tenant’s occupancy is terminated thirty days following the date of delivery of the notice); Igbinadolor v. Deutsche Bank Nat’l Trust Co., 215 So. 3d 192, 192 n. 1 (Fla. 3d DCA 2017); Redding v. Stockton, Whatley, Davin & Co., 488 So. 2d 548, 549 (Fla. 5th DCA 1986). See also Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) (holding: “When there are issues of fact the appe…
Authorities Cited
- Redding v. Stockton, 488 So. 2d 548 (Fla. 5th DCA 1986)