Legal Opinion
The Bank of new York Mellon v. Estate of James D. Peterson
District Court of Appeal of Florida
Decided January 18, 2017No. Case 2D16-2405PublishedCited by 7 opinions
1Opinion of the Court
VILLANTI, Chief Judge.
The Bank of New York Mellon (“the Bank”) appeals the trial court’s post-judgment order that vacated a final judgment entered in foreclosure proceedings against the Estate of James D. Peterson. Because the Estate neither alleged nor proved a basis for vacating the final judgment, we reverse and remand for reinstatement of the final judgment.
The Bank originally filed its foreclosure action against James Daniel Peterson as mortgagor and Bank of America as a junior lienholder on June 10, 2009. Bank of America failed to appear or respond to the complaint, and a clerk’s…
2Cases cited14 opinions
- Robertson v. StateSupreme Court of Florida · 2002
- Miller v. Fortune Ins. Co.Supreme Court of Florida · 1986
- Shelby Mutual Ins. Co. of Shelby, Ohio v. PearsonSupreme Court of Florida · 1970
- Bane v. BaneSupreme Court of Florida · 2000
- Bank One, NA v. BatronieDistrict Court of Appeal of Florida · 2004
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3Cited by7 opinions
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- Garcia v. Christiana TrustDistrict Court of Appeal of Florida · 2017
- JANIEL RODRIGUEZ v. JOHNNY FALCONESDistrict Court of Appeal of Florida · 2020
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