CARRILLO, ET AL.
v.
INDYMAC FED BANK, ET AL.

Fla. 3d DCA | 2019-04-10
No. 18-1371
Ruiz, J., Fernandez, J., Lindsey, J., Hendon, J.
Florida District Court of Appeal, Third District (2019)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

An order may be summarily affirmed when the appellant's initial brief fails to demonstrate a preliminary basis for reversal.


Headnotes

[1] A court may summarily affirm an order on appeal when the appellant's initial brief fails to demonstrate a preliminary basis for reversal.

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Key Quotes

“After service of the initial brief ... the court may summarily affirm the order to be reviewed if the court finds that no preliminary basis for reversal has been demonstrated.”

Citation to Florida Rule of Appellate Procedure 9.315(a) explaining the basis for summary affirmance

Facts & Procedural History

Javier A. Carrillo and Mayra E. Farias appealed a non-final order from the Circuit Court for Miami-Dade County in a case involving IndyMac Fed Bank an…

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Opinion of the Court
Hendon

Third District Court of Appeal State of Florida

Opinion filed April 10, 2019. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D18-1371 Lower Tribunal No. 09-6638 ________________

Javier A. Carrillo, et al., Appellants,

vs.

IndyMac Fed Bank (FSB), et al., Appellees.

An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Rodolfo A. Ruiz, Judge.

Javier A. Carrillo and Mayra E. Farias, in proper persons.

Greenberg Traurig, P.A., Kimberly S. Mello and Vitaliy Kats (Tampa), for appellee, U.S. Bank National Association.

Before FERNANDEZ, LINDSEY and HENDON, JJ.

PER CURIAM.

Affirmed on the authority of Florida Rule of Appellate Procedure 9.315(a). Fla. R. App. P. 9.315(a) (“After service of the initial brief ... the court may

2 summarily affirm the order to be reviewed if the court finds that no preliminary basis for reversal has been demonstrated.”).


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