PHOENIX HOLDING, LLC v. Martinez
District Court of Appeal of Florida
1Opinion of the Court
CORTIÑAS, J.
Phoenix Holding, LLC, the successful bidder at a foreclosure sale, appeals an order denying its motion for a writ of possession and granting the mortgagors’ motion to vacate the sale and the judgment upon which it was based. The mortgagors had provided no true defense to the foreclosure but had merely pled their victim-hood in various ways. 1 The trial court, agreeing with the notion that they had received no court notices because of a clerical error sending the notices to the wrong address, set aside the summary judgment of foreclosure “[i]n terms of fairness and due process.” We…
2Cases cited9 opinions
- Canakaris v. CanakarisSupreme Court of Florida · 1980
- Flagler v. FlaglerSupreme Court of Florida · 1957
- Moran-Alleen Co. v. BrownSupreme Court of Florida · 1929
- Subsaro v. Van HeusdenDistrict Court of Appeal of Florida · 1966
- Republic Federal Bank, N.A. v. DoyleDistrict Court of Appeal of Florida · 2009
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- SR Acquisitions—Florida City, LLC v. San Remo Homes at Florida City, LLCDistrict Court of Appeal of Florida · 2011
- DTRS Intercontinental Miami, LLC v. A.K. Gift Shop, Inc.District Court of Appeal of Florida · 2011
- 90 Cwelt-2008 v. Yacht Club at Portofino Condo Assoc.District Court of Appeal of Florida · 2018
- Salazar v. HSBC Bank, USA, NADistrict Court of Appeal of Florida · 2015
- ARTHUR J. MORBURGER v. YELLOW FUNDING CORP.District Court of Appeal of Florida · 2021
3 more not listed; retrieve them via the Exa API.