Legal Opinion
Cottrell v. Taylor, Bean & Whitaker Mortgage Corp.
District Court of Appeal of Florida
Decided January 8, 2016No. 2D14-5885PublishedCited by 11 opinions
1Opinion of the Court
SALARIO, Judge.
Taylor, Bean, and Whitaker Mortgage Corporation voluntarily dismissed this foreclosure action against W. Justin Cott-rell and Derrick and Kristine Klump without prejudice after its law firm advised that the suit was barred by limitations. ■When later investigation revealed that this advice. might have been wrong, Taylor Bean moved pursuant to Florida Rule of Civil Procedure 1.540(b)(1) to vacate the voluntary dismissal on grounds of mistake. Without taking evidence, the. trial court granted Taylor Bean’s motion, and that order is the subject of this appeal. Because the asserted…
2Cases cited14 opinions
- Randle-Eastern Ambulance Service v. VastaSupreme Court of Florida · 1978
- Miller v. Fortune Ins. Co.Supreme Court of Florida · 1986
- Pino v. Bank of New YorkSupreme Court of Florida · 2013
- Smiles v. YoungDistrict Court of Appeal of Florida · 1973
- Freemon v. Deutsche Bank Trust Co. AmericasDistrict Court of Appeal of Florida · 2010
9 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- ESTELLA D. PURDUE, AS PERSONAL REPRESENTATIVE v. R. J. REYNOLDS TOBACCO CO.District Court of Appeal of Florida · 2018
- BAYVIEW LOAN SERVICING, LLC v. HUSO DZIDZOVICDistrict Court of Appeal of Florida · 2018
- Wells Fargo Bank, N.A. v. Roy F. Smith Jr., As Trustee Under The Provisions etc.District Court of Appeal of Florida · 2018
- BARTON PROTECTIVE SERVICES, LLC, d/b/a ALLIEDBARTON SECURITY SERVICES v. ISADORA REDMON, etc.District Court of Appeal of Florida · 2023
- BAYVIEW LOAN SERVICING, LLC v. HUSO DZIDZOVICDistrict Court of Appeal of Florida · 2018
6 more not listed; retrieve them via the Exa API.