Legal Opinion

Cole v. Wells Fargo Bank National Ass'n

District Court of Appeal of Florida

Decided September 23, 2016No. 5D15-2118PublishedCited by 4 opinions

1Per curiam

Duane Cole and Susan Perkins appeal the final judgment of foreclosure entered against them in favor of Wells Fargo Bank, National Association as Trustee for Soundview Home Loan Trust 2007-OPTS, Asset-Backed Certificates, Series 2007-OPTS (“Wells Fargo”). Because the trial court rendered the final judgment after the filing of a notice of removal to federal court and before the federal court remanded the case back to the trial court, the trial court lacked jurisdiction to enter the final judgment. 1 See Musa v. Wells Fargo Del. Tr. Co., 181 So.3d 1275, 1284 (Fla. 1st DCA 2015) (“We hold the…

2Cases cited8 opinions

  1. Metropolitan Casualty Insurance v. StevensSupreme Court of the United States · 1941
  2. Wilson v. SandstromSupreme Court of Florida · 1975
  3. Maseda v. Honda Motor Co.Court of Appeals for the Eleventh Circuit · 1988
  4. Farm Credit Bank of St. Paul v. RubNorth Dakota Supreme Court · 1992
  5. Empire World Towers, LLC v. CDR Créances, S.A.S.District Court of Appeal of Florida · 2012

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

3Cited by4 opinions

  1. Mawhinney v. 998 SW 144th Court Rd, LLCDistrict Court of Appeal of Florida · 2017
  2. Garcia v. Deutsche BankDistrict Court of Appeal of Florida · 2018
  3. Budzinski v. Mystic Powerboats, Inc.District Court, M.D. Florida · 2025
  4. ERNEST RICCI v. VENTURES TRUST 2013-I-H-R, etc.District Court of Appeal of Florida · 2019

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