Legal Opinion
Aeacus Real Estate Ltd. Partnership v. 5th Avenue Real Estate Development, Inc.
District Court of Appeal of Florida
Decided January 24, 2007No. 4D05-3599PublishedCited by 7 opinions
1Opinion of the CourtFarmer, J.
This case now returns to us after our remand on the prior appeal. 5th Avenue, Real Estate Development, Inc. v. Aeacus Real Estate Ltd. P’ship, 876 So.2d 1220 (Fla. 4th DCA 2004). There we reviewed a summary judgment of foreclosure resulting after a settlement agreement. We reversed the judgment as premature, concluding that the record did not show conclusively that the mortgagee had given the 30 days notice of the application for judgment required by the settlement agreement.
On remand, the trial judge found after a hearing that such notice as had been given before the first appeal did not…
2Cases cited4 opinions
- State v. McBrideSupreme Court of Florida · 2003
- Universal Const. Co. v. City of Fort LauderdaleSupreme Court of Florida · 1953
- DeCancino v. Eastern Airlines, Inc.Supreme Court of Florida · 1973
- 5th Avenue Real Estate v. AeacusDistrict Court of Appeal of Florida · 2004
3Cited by7 opinions
- In Re AnsonUnited States Bankruptcy Court, M.D. Florida · 2011
- In re Namal Enterprises, LLCUnited States Bankruptcy Court, M.D. Florida · 2017
- & 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
- & 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
- Deutsche Bank Trust Company Americas, Etc. v. BeauvaisDistrict Court of Appeal of Florida · 2016
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