Legal Opinion
Phadael v. Deutsche Bank Trust Co. Americas
District Court of Appeal of Florida
Decided February 8, 2012No. 4D11-905PublishedCited by 34 opinions
1Opinion of the CourtTaylor, J.
Jean Phadael appeals a non-final order denying his rule 1.540(b) motion to vacate a final judgment of foreclosure. We conclude that because Phadael was defaulted and he failed to defend the action at any point before entry of the final judgment, his claim that Deutsche Bank lacked standing at the inception of the suit is not a ground for setting aside the judgment as “void” under rule 1.540(b)(4). We therefore affirm.
On July 29, 2009, Deutsche Bank filed a two-count mortgage foreclosure complaint against Jean Phadael. Count I sought to re-establish a promissory note, alleging that the…
2Cases cited8 opinions
- Freemon v. Deutsche Bank Trust Co. AmericasDistrict Court of Appeal of Florida · 2010
- Schuster v. Blue Cross and Blue Shield of Fla., Inc.District Court of Appeal of Florida · 2003
- Maynard v. FLORIDA BD. OF EDUC. EX REL. UNIV. OF S. FLA.District Court of Appeal of Florida · 2009
- Donohue v. BrightmanDistrict Court of Appeal of Florida · 2006
- Miller v. PreeferDistrict Court of Appeal of Florida · 2009
3 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Gafoor Jaffer and Nina Jaffer v. Chase Home Finance, LLCDistrict Court of Appeal of Florida · 2015
- Dage v. Deutsche Bank National Trust Co.District Court of Appeal of Florida · 2012
- Alexopoulos v. Gordon Hargrove & James, P.A.District Court of Appeal of Florida · 2013
- Wells Fargo Bank, N.A. v. ReevesDistrict Court of Appeal of Florida · 2012
- Miller v. Kondaur Capital Corp.District Court of Appeal of Florida · 2012
29 more not listed; retrieve them via the Exa API.