Legal Opinion

Community Bank of Homestead v. Torcise

Court of Appeals for the Eleventh Circuit

Decided December 11, 1998No. 96-4632PublishedCited by 15 opinions

Non-Argument Calendar.

1Opinion of the Court

TJOFLAT, Circuit Judge:

This appeal arises from the defendant’s collateral attack on a state court foreclosure judgment. We hold that the defendant’s claim is barred by the principle of collateral estoppel.

In April 1989, Community Bank of Homestead, Florida, loaned Joe Torcise $1.5 million for use in his tomato farming operations. The loan was secured by a lien on certain real property and farm equipment. It appears that Toreise never made any payments on the loan.

In late November 1989, Toreise filed for Chapter 11 bankruptcy relief in the United States Bankruptcy Court for the Southern…

2Cases cited13 opinions

  1. Johnson v. Keene (In Re Keene)United States Bankruptcy Court, S.D. Florida. · 1991
  2. Masciarelli v. MacO Supply Corp.Supreme Court of Florida · 1969
  3. Essenson v. Polo Club AssociatesDistrict Court of Appeal of Florida · 1997
  4. Verhagen v. ArroyoDistrict Court of Appeal of Florida · 1989
  5. RDJ Enterprises, Inc. v. Mega BankDistrict Court of Appeal of Florida · 1992

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

3Cited by15 opinions

  1. Mary Quinn v. Monroe County, James L. Roberts, County Administrator, Monroe County, individually and in his official capacityCourt of Appeals for the Eleventh Circuit · 2003
  2. Lang v. Vickers (In Re Vickers)United States Bankruptcy Court, M.D. Florida · 2000
  3. Babakitis v. Robino (In Re Robino)United States Bankruptcy Court, N.D. Alabama · 1999
  4. In Re ZoernackDistrict Court, M.D. Florida · 2003
  5. Clark v. Zwanziger (In Re Zwanziger)Bankruptcy Appellate Panel of the Tenth Circuit · 2012

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

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