Legal Opinion
Lauren J. Schindler v. The Bank of New York Mellon Trust Company
District Court of Appeal of Florida
Decided April 8, 2015No. 4D13-4825PublishedCited by 10 opinions
1Opinion of the CourtKlingensmith, J.
Lauren J. Schindler (“Defendant”) appeals the trial court’s final judgment of foreclosure in favor of the Bank of New York Mellon Trust Company (“Bank”). After Bank’s first foreclosure case against Defendant was dismissed pursuant to Florida Rule of Civil Procedure 1.420(b) (“rule 1.420(b)”), Bank filed a second complaint seeking to foreclose the mortgage predicated on the same default that was alleged in its previously dismissed foreclosure suit. Defendant claims that the order of dismissal acted as an adjudication on the merits, and Bank was therefore required to provide a new notice of…
2Cases cited8 opinions
- Singleton v. Greymar AssociatesSupreme Court of Florida · 2004
- Edward L. Nezelek, Inc. v. Sunbeam Tel. Corp.District Court of Appeal of Florida · 1982
- Smith v. St. VilDistrict Court of Appeal of Florida · 1998
- Cummings v. Warren Henry Motors, Inc.District Court of Appeal of Florida · 1995
- Singleton v. Greymar AssociatesDistrict Court of Appeal of Florida · 2003
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Thomas Franklin v. Bank of America, N.A., Successor in etc.District Court of Appeal of Florida · 2016
- Michael E. Sill a/k/a Michael Sill v. JPMorgan Chase Bank, National AssociationDistrict Court of Appeal of Florida · 2016
- Gordon v. Gatlin Commons Property Owners Ass'nDistrict Court of Appeal of Florida · 2016
- H & R Block Bank v. PerryDistrict Court of Appeal of Florida · 2016
- HSBC BANK USA, NATIONAL ASSOCIATION v. SABATINO J. LEONE AND DIANA LEONEDistrict Court of Appeal of Florida · 2019
5 more not listed; retrieve them via the Exa API.