Legal Opinion

Kimberly A. Ensler v. Aurora Loan Services, LLC

District Court of Appeal of Florida

Decided May 25, 2016No. 4D16-999Published

1Per curiam

The petitioner petitions for a writ of certiorari, or alternatively, a writ of prohibition, requesting that this court find the lower court failed to comply with this court’s mandate in Ensler v. Aurora Loan Services, LLC, 178 So.3d 95 (Fla. 4th DCA 2015), because it ordered a new trial rather than enter an order of dismissal. We grant the writ of prohibition. See InPhy-Net Contracting Servs. v. Soria, 82 So.3d 1049, 1051 (Fla. 4th DCA 2011) (“Prohibition will therefore lie to prevent a trial court from proceeding contrary to an appellate court’s mandate.”).

In Ensler, this court reversed the…

2Cases cited3 opinions

  1. Kristy S. Holt v. Calchas, LLCDistrict Court of Appeal of Florida · 2015
  2. Kimberly A. Ensler v. Aurora Loan Services, LLCDistrict Court of Appeal of Florida · 2015
  3. Inphynet Contracting Services, Inc. v. SoriaDistrict Court of Appeal of Florida · 2011

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