Legal Opinion

Hock v. Legacy Bank of Florida

District Court of Appeal of Florida

Decided April 20, 2011No. 4D10-3872Published

1Opinion of the CourtWarner, J.

This petition for certiorari challenges an order of the circuit court requiring the petitioners to post a $400,000 bond into the court registry as a condition to their claim of rescission of a home equity mortgage on their residence. We dismiss the petition as it fails to show irreparable harm not remediable on appeal.

The petitioners secured a home equity mortgage with the respondent in 2006. When they failed to make their monthly payments in 2009, the respondent filed a complaint to foreclose. After being defaulted and then having the default set aside, petitioners filed an answer,…

2Cases cited4 opinions

  1. Bared & Co., Inc. v. McGuireDistrict Court of Appeal of Florida · 1996
  2. State-Wide Construction, Inc. v. DowdaDistrict Court of Appeal of Florida · 1983
  3. S AND T BUILDERS v. Globe Properties, Inc.District Court of Appeal of Florida · 2005
  4. Norwest Mortgage, Inc. v. KingDistrict Court of Appeal of Florida · 2001

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