U.S. BANK
v.
WESTERN HOMES
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A trial court's grant of summary judgment based on a panel decision that has been withdrawn and superseded by an en banc opinion must be reversed and remanded for reconsideration under the controlling en banc authority.
[1] When a trial court's judgment is based on a panel decision that has been withdrawn and superseded by an en banc opinion while an appeal is pending, the judgment must be r…
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Join FLexlaw to unlock all legal intelligenceU.S. Bank sought to foreclose on property. The trial court granted summary judgment in favor of Western Homes, finding the foreclosure action barred b…
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PER CURIAM.
In this foreclosure case, U.S. Bank, N.A., Successor Trustee to Bank of
America, N.A., Successor in Interest to Lasalle Bank N.A., as Trustee, on behalf of the Holders of the WAMU Mortgage Pass-Through Certificates, Series 2007-OA2 (“U.S. Bank”), appeals the September 28, 2015 final summary judgment entered in favor of Western Homes, LLC, et al. (“Western Homes”) and the November 3,
2015 order denying U.S. Bank’s motion for rehearing.
The transcripts of the summary judgment hearing demonstrate that the trial court, in agreement with the arguments raised in Western Homes’ motion for summary judgment, found that U.S. Bank’s foreclosure action was barred by the statute of limitations based on this Court’s then-current panel decision in Deutsche
Bank Trust Co. Americas v. Beauvais, 40 Fla. L. Weekly D1 (Fla. 3d DCA Dec.
17, 2014), opinion withdrawn and superseded on reh'g en banc, 188 So. 3d 938 (Fla. 3d DCA 2016).
However, while U.S. Bank’s appeal was pending, this Court withdrew the
Beauvais panel opinion and substituted an en banc opinion in its place. See
Beauvais, 188 So. 3d at 955 (Fla. 3d DCA 2016), review denied sub nom. Aqua
Master Ass'n, Inc. v. Deutsche Bank Nat'l Tr. Co. Ams., 2018 WL 1136530, at *1 (Fla. Mar. 2, 2018). As in Wilmington Trust, N.A. v. Alvarez, 43 Fla. L. Weekly
D590 (Fla. 3d DCA Mar. 14, 2018), we reverse the final summary judgment and remand this cause to the trial court for further consideration in light of our
Beauvais en banc opinion.
REVERSED AND REMANDED.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
U.S. Bank v. Western Homes, 245 So. 3d 1011 (Fla. 3d DCA 2018)
Authorities 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)
- Dunkin v. State, 188 So. 3d 938 (Fla. 1st DCA 2016)
- Dobarganes v. State, 239 So. 3d 1265 (Fla. 3d DCA 2018)
- Wells Fargo Bank v. Urbina, 239 So. 3d 1290 (Fla. 3d DCA 2018)
- U.S. Bank v. Western Homes, 245 So. 3d 1011 (Fla. 3d DCA 2018)