Legal Opinion

NAFH National Bank v. Aristizabal

District Court of Appeal of Florida

Decided July 24, 2013No. 4D13-83PublishedCited by 6 opinions

1Opinion of the CourtGross, J.

We reverse an order setting aside a final foreclosure judgment pursuant to Florida Rule of Civil Procedure 1.540(b) because the motion was filed beyond the one-year time limit specified in the rule.

On February 25, 2010, an agreed final judgment of foreclosure was entered pursuant to a settlement agreement between the original lender and the appellees. The settlement agreement called for the appel-lees to comply with a payment schedule. When the appellees defaulted, the bank moved to schedule a foreclosure sale.

In December, 2011, the appellees moved to vacate the February 2010 final judgment…

2Cases cited11 opinions

  1. DeClaire v. YohananSupreme Court of Florida · 1984
  2. Miller v. Fortune Ins. Co.Supreme Court of Florida · 1986
  3. Flemenbaum v. FlemenbaumDistrict Court of Appeal of Florida · 1994
  4. Bane v. BaneSupreme Court of Florida · 2000
  5. Freemon v. Deutsche Bank Trust Co. AmericasDistrict Court of Appeal of Florida · 2010

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3Cited by6 opinions

  1. TD Bank, N.A. v. GraubardDistrict Court of Appeal of Florida · 2015
  2. Eleven Mile Road, Ft. Pierce, Florida 34995District Court of Appeal of Florida · 2016
  3. Vitaly Alekseyev and Irina Aleskseyev a/k/a Irina Shapiro v. U.S. Bank National Association, etc.District Court of Appeal of Florida · 2016
  4. Hollingsworth v. Deutsche Bank National Trust Co.District Court of Appeal of Florida · 2015
  5. Jeffrey Hollingsworth v. Deutsche Bank National Trust Company, etc.District Court of Appeal of Florida · 2015

1 more not listed; retrieve them via the Exa API.

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