LOANCARE, LLC
v.
LATANYA M. CHESTNUT A/K/A LATANYA MICHELLE WHITE CHESTNUT A/K/A LATANYA WHITE CHESTNUT A/K/A LATONYA CHESTNUT, TRAVIS U. CHESTNUT A/K/A TRAVIS CHESTNUT A/K/A TRAVIS UNDRAY CHESTNUT, ET AL
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A trial judge may not sua sponte dismiss an action based on affirmative defenses not raised by proper pleadings.
[1] A trial court lacks authority to sua sponte dismiss a complaint based on affirmative defenses that have not been properly pleaded by the defendant.
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Join FLexlaw to unlock all legal intelligence“A trial judge may not sua sponte dismiss an action based on affirmative defenses not raised by proper pleadings.”
Court's statement of applicable law citing Liton Lighting v. Platinum Television Grp., Inc.
Loancare, LLC filed a foreclosure complaint against Latanya M. Chestnut and Travis U. Chestnut. The trial court dismissed the complaint with prejudice…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
LOANCARE, LLC, Appellant, v. Case No. 5D21-239 LT Case No. 2020-CA-000059
LATANYA M. CHESTNUT A/K/A LATANYA
MICHELLE WHITE CHESTNUT A/K/A
LATANYA WHITE CHESTNUT A/K/A LATONYA
CHESTNUT, TRAVIS U. CHESTNUT A/K/A
TRAVIS CHESTNUT A/K/A TRAVIS UNDRAY
CHESTNUT, ET AL., Appellees. ________________________________/ Opinion filed October 29, 2021 Appeal from the Circuit Court for Putnam County, Patti A. Christensen, Judge. Zachary Ullman, Julia Poletti, and Jennifer Travieso, of Aldridge Pite, LLP, Delray Beach, for Appellant. No Appearance for Appellees.
PER CURIAM.
2 Loancare, LLC, appeals an order dismissing its foreclosure complaint with prejudice, arguing inter alia, that the trial court erred when it sua sponte dismissed based on unpled affirmative defenses. We agree and reverse. See Liton Lighting v. Platinum Television Grp., Inc., 2 So. 3d 366, 367 (Fla. 4th DCA 2008) (“A trial judge may not sua sponte dismiss an action based on affirmative defenses not raised by proper pleadings.” (citation omitted)). REVERSED and REMANDED. WALLIS, EISNAUGLE and SASSO, JJ., concur.
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Citator
Authorities Cited
- Liton Lighting v. Platinum Television Grp., Inc., 2 So. 3d 366 (Fla. 4th DCA 2008)