Legal Opinion
Musa v. Wells Fargo Delaware Trust Co.
District Court of Appeal of Florida
Decided December 31, 2015No. 1D15-0937PublishedCited by 9 opinions
1Opinion of the CourtBenton, J.
Joseph and Mary Ann Musa appeal a final judgment of foreclosure. They contend the final judgment is void because they had removed the case to federal court, depriving the state court of jurisdiction to proceed, before the judgment was entered. We agree and reverse.
An order void for want of jurisdiction in the lower tribunal may be challenged on appeal, even where the jurisdictional defect was not raised below. Polk Cty. v. Sofka, 702 So.2d 1243, 1245 (Fla.1997) (“ ‘[Cjourts are bound to take notice of the limits of their authority and if want of jurisdiction appears at any stage of the *1276proceed…
2Cases cited46 opinions
- Virginia v. RivesSupreme Court of the United States · 1880
- Steamship Co. v. TugmanSupreme Court of the United States · 1882
- Resolution Trust Corporation, as Conservator for Great American First Savings Bank v. Bayside DevelopersCourt of Appeals for the First Circuit · 1995
- Metropolitan Casualty Insurance v. StevensSupreme Court of the United States · 1941
- Hyde Park Partners, L.P. v. ConnollyCourt of Appeals for the First Circuit · 1988
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3Cited by9 opinions
- Cole v. Wells Fargo Bank National Ass'nDistrict Court of Appeal of Florida · 2016
- Mawhinney v. 998 SW 144th Court Rd, LLCDistrict Court of Appeal of Florida · 2017
- Garcia v. Deutsche BankDistrict Court of Appeal of Florida · 2018
- Callender v. Federal National Mortgage Ass'nDistrict Court of Appeal of Florida · 2017
- Carlos Fernando Reixach Murey, as administrator of the Estate of Carlos Lens Fernandez v. City of Chickasaw, Michael E. Reynolds, Cynthia Robinson Burt, Arellia Taylor, and George TaylorSupreme Court of Alabama · 2023
4 more not listed; retrieve them via the Exa API.