Legal Opinion

Nacius v. One West Bank, FSB

District Court of Appeal of Florida

Decided February 22, 2017No. 4D16-2853PublishedCited by 5 opinions

1Opinion of the CourtKuntz, J.

Appellants appeal the court’s final judgment and denial of their “Emergency Motion to Stay and Vacate Writ of Possession.” Previously, we dismissed the appeal of the final judgment of foreclosure for lack of jurisdiction as the notice of appeal was not timely as to that final judgment. Appellee now files a confession of error and states that we should reverse the denial of the motion to vacate the writ of possession. We reject the confession of error and sua sponte dismiss this appeal for lack of appellate jurisdiction.

While we appreciate counsel’s candor and explanation in the confession of…

2Cases cited7 opinions

  1. Perry v. StateDistrict Court of Appeal of Florida · 2002
  2. Ruffin v. KINGSWOOD E. CONDOMINIUM ASS'NDistrict Court of Appeal of Florida · 1998
  3. Bryant v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2016
  4. D.A. v. Department of Children & Family ServicesDistrict Court of Appeal of Florida · 2012
  5. Rayburn v. BrightDistrict Court of Appeal of Florida · 2015

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3Cited by5 opinions

  1. Garcia v. Navy Federal Credit UnionDistrict Court of Appeal of Florida · 2017
  2. ANAMARIE M. SCHROEDER A/K/A ANAMARIA M. SCHROEDER, etc. v. MTGLQ INVESTORS, L.P.District Court of Appeal of Florida · 2020
  3. Chaim Joseph Bialostozky A/K/A Joseph Bialostozky A/K/A Yoseph Bialostozky v. GAHC3 Mount Dora FL MOB II, LLCDistrict Court of Appeal of Florida · 2024
  4. Chaim Joseph Bialostozky A/K/A Joseph Bialostozky A/K/A Yoseph Bialostozky v. GAHC3 Mount Dora FL MOB II, LLCDistrict Court of Appeal of Florida · 2024
  5. Larry Jamison v. Chauntrell KnoxDistrict Court of Appeal of Florida · 2024

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