C.J.A. Corporation v. Trans-Action Financial

Opinion

WALKER, J.

Trans-Action Financial Corporation, Robert Bisno, and James Coxeter appeal from the trial court’s order modifying a prior judgment for judicial foreclosure to allow respondent C.J.A. Corporation (CJA) to instead obtain a money judgment against appellants. We hold that because respondent unequivocally elected to proceed against appellants by way of judicial foreclosure, it was estopped from seeking to change its remedy after judgment. We further hold that the trial court exceeded its jurisdiction in modifying the judgment based upon matters that were never before it at trial.…