WILMINGTON TRUST
v.
ALVAREZ
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A trial court's grant of summary judgment based on a panel opinion that was later withdrawn and replaced by an en banc opinion must be reversed and remanded for reconsideration under the new controlling authority.
[1] A defendant may raise the affirmative defense of statute of limitations in a foreclosure action through a motion for summary judgment even if that defendant is not the na…
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Join FLexlaw to unlock all legal intelligenceWilmington Trust brought a foreclosure action against Luis M. Alvarez and others. The trial court granted summary judgment in favor of BCML Holding LL…
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Third District Court of Appeal
State of Florida
Opinion filed March 14, 2018. Not final until disposition of timely filed motion for rehearing.
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No. 3D15-2796 Lower Tribunal No. 15-20240
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Wilmington Trust, N.A., etc.,
Appellant,
vs.
Luis M. Alvarez, et al.,
Appellees.
An Appeal from the Circuit Court for Miami-Dade County, Peter R. Lopez, Judge. Holland & Knight LLP, and Brian K. Hole and Katherine M. Joffe (Fort Lauderdale), for appellant. Wesoloski Carlson, P.A., and Erik Wesoloski, for appellee BCML Holding LLC. Before ROTHENBERG, C.J., and SCALES and LINDSEY, JJ. PER CURIAM.
In this foreclosure case, Wilmington Trust NA Successor Trustee to Citibank N.A. Trustee in Trust for Registered Holders of Bear Stearns Asset- Backed Certificates 2007-SD2 Weekly D1, 2014 WL 7156961 (Fla. 3d DCA Dec. 17, 2014). While Wilmington Trust’s appeal was pending, however, this Court withdrew the Beauvais panel opinion, substituting an en banc opinion in its stead. See Deutsch Bank Trust Co. Americas v. Beauvais, 188 So. 3d 938 (Fla. 3d DCA 2016) (en banc). We therefore reverse the final summary judgment and remand this cause to the lower court for further consideration in light of our Beauvais en banc opinion.1 Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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Deutsche Bank Tr. Co. Americas v. Beauvais, 188 So. 3d 938 (Fla. 3d DCA 2016)…isprudence, the trial court granted the defendant’s motion for summary judgment on this issue, and a panel of this Court unanimously affirmed the trial court’s determination in that regard. Deutsche Bank Trust Co. Americas v. Beauvais, No. 3D14-575, 2014 WL 7156961 (Fla. 3d DCA Dec. 17, 2014). Relying on a sweepingly broad interpretation of Singleton v. Greymar Associates—a Florida Supreme Court case in which the term “statute of limitations” is not even mentioned — the en banc majority opinion reverses the s…1 / 4
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Wilmington Tr. v. Alvarez, 239 So. 3d 1265 (Fla. 3d DCA 2018)
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The Bank OF NEW York Mellon Corp. v. Anton, 230 So. 3d 502 (Fla. 3d DCA 2017)
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Deutsche Bank Tr. Co. Americas v. Beauvais, 188 So. 3d 938 (Fla. 3d DCA 2016)
- Wilmington Tr. v. Alvarez, 239 So. 3d 1265 (Fla. 3d DCA 2018)
- 3709 N. Flagler Drive Prodigy Land Tr. v. Bank OF Am., N.A., 226 So. 3d 1040 (Fla. 4th DCA 2017)