Legal Opinion · Dissent

Vaughan v. First Union National Bank of Florida

District Court of Appeal of Florida

Decided August 13, 1999No. 98-02889Published

1DissentParker, Judge

I respectfully dissent. I find merit in Stephen D. Vaughan and Cynthia J. Vaughan’s (the Vaughans) argument that Florida Rule of Civil Procedure 1.420(a)(1) precludes a final judgment for First Union National Bank of Florida (First Union). Accordingly, I would reverse the trial court on the “two dismissal rule” issue.

*1218In 1989, June C. Vaughan and George Vaughan executed a mortgage in favor of First Union, which was secured by real property located in Lake Wales, Florida. Thereafter, the Vaughans gained an interest in the property as husband and wife. In 1996, June C. Vaughan filed for…

2Cases cited4 opinions

  1. Crump v. Gold House RestaurantsSupreme Court of Florida · 1957
  2. Variety Children's Hosp. v. Mt. Sinai Hospital of Greater Miami, Inc.District Court of Appeal of Florida · 1984
  3. UNITED TECH. COMMUNICATIONS CO. v. Carlson Constr. Co.District Court of Appeal of Florida · 1991
  4. McCaughan Mortgage Co. v. American National BankDistrict Court of Appeal of Florida · 1994

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