Legal Opinion
Toler v. BANK OF AMERICA, NAT. ASS'N
District Court of Appeal of Florida
Decided February 1, 2012No. 4D11-265PublishedCited by 7 opinions
1Opinion of the Court
GILLESPIE, KENNETH L., Associate Judge.
Appellants, Shiloh and Troy Toler (hereinafter “the Tolers”), appeal the lower court’s denial of their motion to vacate a final summary judgment in a residential mortgage foreclosure action. The lower court denied the Tolers’ motion as untimely. Although we find that the Tolers’ motion was timely, we hold that the trial court did not abuse its discretion in denying the motion because it failed to allege a colorable claim for relief pursuant to Florida Rule of Civil Procedure 1.540(b).
I. FACTS
Appellee, Bank of America, sued the Tolers to foreclose on a…
2Cases cited22 opinions
- Canakaris v. CanakarisSupreme Court of Florida · 1980
- Holly v. AuldSupreme Court of Florida · 1984
- A. R. Douglass, Inc. v. McRainey, as Admrx.Supreme Court of Florida · 1931
- Continental Cas. Co. v. Ryan Inc. EasternSupreme Court of Florida · 2008
- Sterling Factors v. US Bank Nat. Ass'nDistrict Court of Appeal of Florida · 2007
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3Cited by7 opinions
- BLOK BUILDERS, LLC d/b/a IKON BUILDERS v. PEDRO KATRYNIOK, MASTEC NORTH AMERICA, INCDistrict Court of Appeal of Florida · 2018
- Wells Fargo Bank, NA ex rel. Wells Fargo Home Mortgage, Inc. v. GiglioDistrict Court of Appeal of Florida · 2013
- Gaynor Hill Enterprises, Inc. v. Allan Enterprises, LLCDistrict Court of Appeal of Florida · 2013
- Salazar v. HSBC Bank, USA, NADistrict Court of Appeal of Florida · 2015
- ANAMARIE M. SCHROEDER A/K/A ANAMARIA M. SCHROEDER, etc. v. MTGLQ INVESTORS, L.P.District Court of Appeal of Florida · 2019
2 more not listed; retrieve them via the Exa API.