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