MAURICE SYMONETTE
v.
JPMORGAN CHASE BANK, N.A.
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This is a per curiam affirmance of a lower court decision. The court affirmed based on statutory provisions regarding lis pendens notices, res judicata, collateral estoppel, and procedural requirements for disqualification motions.
The court affirmed the lower court's decision. The affirmance was based on the application of Florida Statute § 48.23(1)(d) regarding lis pendens notices, the doctrines of res judicata and collateral estoppel barring re-litigation of claims and issues, and proper procedural compliance with disqualification motion requirements.
[1] Recording a notice of lis pendens constitutes a bar to enforcement against the described property of all interests unrecorded at the time of recording unless the holder m…
[2] Res judicata bars not only issues actually raised in a prior suit between the same parties but also issues that could have been raised but were not raised in the first ca…
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Join FLexlaw to unlock all legal intelligenceThe opinion does not provide detailed facts, as it is a bare per curiam affirmance citing only legal authorities. The case appears to involve a lis pe…
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PER CURIAM.
Affirmed. See § 48.23(1)(d), Fla. Stat. (providing that, subject to exceptions inapplicable herein, recording of notice of lis pendens “constitutes a bar to the enforcement against the property described in the notice of all interests . . . unrecorded at the time of recording the notice unless the holder of any such unrecorded interest . . . moves to intervene in such proceedings within 30 days after the recording of the notice and the court ultimately grants the motion”); Provident Funding Assocs., L.P. v. MDTR, 257 So. 3d 1114, 1117 (Fla. 2d DCA 2018) (“The doctrine of res judicata provides that a judgment on the merits in an earlier suit bars a later suit on the same cause of action between the same parties or others in privity with those parties.”); Pearce v. Sandler, 219 So. 3d 961, 967 (Fla. 3d DCA 2017) (“[T]he doctrine of res judicata not only bars issues that were raised, but it also precludes consideration of issues that could have been raised but were not raised in the first case.”); Mortg. Elec. Registration Sys., Inc. v. Badra, 991 So. 2d 1037, 1039 (Fla. 4th DCA 2008) (“Collateral estoppel precludes re-litigating an issue where the same issue has been fully litigated by the same parties or their privies, and a final decision has been rendered by a court.”); Kelly v. Snietka, 155 So. 3d 1278, 1278 (Fla. 4th DCA 2015) (explaining that court has jurisdiction to review order on motion to disqualify trial judge on appeal from final judgment if motion was filed prior to final judgment citing Fla. R. App. P. 9.110(h)); Fla. R. Gen. Prac. & Jud. Admin.
2.330(c)(3) (requiring that motion to disqualify “be sworn to or affirmed by the party by signing the motion or by attaching a separate affidavit”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Pearce v. Sandler, 219 So. 3d 961 (Fla. 3d DCA 2017)
- Mortg. Elec. Registration Sys., Inc. v. Jubran A. Badra, 991 So. 2d 1037 (Fla. 4th DCA 2008)
- Provident Funding Assocs. v. M D T R, 257 So. 3d 1114 (Fla. 2d DCA 2018)
- Kelly v. Snietka, 155 So. 3d 1278 (Fla. 4th DCA 2015)