Legal Opinion
Mawhinney v. 998 SW 144th Court Rd, LLC
District Court of Appeal of Florida
Decided February 10, 2017No. 5D15-2185, 5D15-2819, Mawhinney, v., 998PublishedCited by 2 opinions
1Per curiam
Randall A. Ralicki and William C. Mawhinney appeal the summary final judgments of foreclosure entered against them in favor of 998 SW 144th Court Rd, LLC. We are compelled to reverse because the trial court rendered the final summary judgments after the filing of a notice of removal to federal court and before the federal court remanded the case back to the trial court. Thus, the trial court lacked jurisdiction to enter the final summary judgments. See Cole v. Wells Fargo Bank Nat’l Ass’n, 201 So.3d 749, 750 (Fla. 5th DCA 2016); Musa v. Wells Fargo Del. Tr. Co., 181 So.3d 1275, 1284 (Fla. 1st…
2Cases cited5 opinions
- Maseda v. Honda Motor Co.Court of Appeals for the Eleventh Circuit · 1988
- Empire World Towers, LLC v. CDR Créances, S.A.S.District Court of Appeal of Florida · 2012
- Preston v. Allstate Insurance Co.District Court of Appeal of Florida · 1993
- Musa v. Wells Fargo Delaware Trust Co.District Court of Appeal of Florida · 2015
- Cole v. Wells Fargo Bank National Ass'nDistrict Court of Appeal of Florida · 2016
3Cited by2 opinions
- Ralicki v. 998 SW 144 Court RD, LLCDistrict Court of Appeal of Florida · 2018
- YACHT ASSIST, INC. v. CRP LMC PROP CO LLCDistrict Court of Appeal of Florida · 2022