Legal Opinion
HSBC Bank USA, National Ass'n ex rel. Registered Holders of Nomura Home Equity Home Loan, Inc. v. Estate of Petercen
District Court of Appeal of Florida
Decided September 27, 2017No. 4D16-3283PublishedCited by 8 opinions
1Opinion of the CourtConner, J.
Appellant (“the Bank”) appeals the tidal court’s order dismissing its foreclosure suit and the order denying its motion for rehearing. The Bank argues that the trial court erred in dismissing the case based on unpled and unproven defenses of res judicata and statute of limitations. Although we agree with most of the Bank’s arguments on appeal, we need not address them in detail. Based on Bartram v. U.S. Bank National Association, 211 So.3d 1009 (Fla. 2016), clarifying the effect of prior dismissals on subsequent foreclosure proceedings, it is clear the trial court erred.
Background
On September…
2Cases cited10 opinions
- Singleton v. Greymar AssociatesSupreme Court of Florida · 2004
- & SC14-1266 & SC14-1305 Lewis Brooke Bartram v. U.S. Bank National Association, etc. & The Plantation at Ponte Vedra v. U.S. Bank National Association, etc. & Gideon M.G. Gratsiani v. U.S. Bank National Association, etc.Supreme Court of Florida · 2016
- U.S. Bank National Ass'n v. BartramDistrict Court of Appeal of Florida · 2014
- Olympia Mortgage Corp. v. PughDistrict Court of Appeal of Florida · 2000
- Desylvester v. The Bank of New York MellonDistrict Court of Appeal of Florida · 2017
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3Cited by8 opinions
- BANK OF AMERICA, N.A. v. KENNETH H. GRAYBUSH and ROBIN B. GRAYBUSHDistrict Court of Appeal of Florida · 2018
- HSBC Bank USA, Nat'l Ass'n v. NelsonDistrict Court of Appeal of Florida · 2018
- U.S. Bank v. AmayaDistrict Court of Appeal of Florida · 2018
- CAN FINANCIAL, LLC v. DARYL R. KRAZMIENDistrict Court of Appeal of Florida · 2018
- Gallery One Condominium Association, Inc. v. Terrace Gallery, LLCDistrict Court of Appeal of Florida · 2025
3 more not listed; retrieve them via the Exa API.