Legal Opinion

U.S. Bank National Ass'n v. Anthony-Irish

District Court of Appeal of Florida

Decided October 14, 2016No. 5D15-3153PublishedCited by 17 opinions

1Opinion of the CourtCohen, J.

U.S. Bank appeals the denial of its rule 1.540(b)(4) motion to vacate a final judgment. U.S. Bank commenced this action in 2007 with a complaint to foreclose on a mortgage. Late in 2009, the trial court granted U.S. Bank’s motion for summary judgment and entered a final judgment of foreclosure. That same day, the court also ordered the parties to mediation. 1 The parties did not object to this order.

Mediation was rescheduled after U.S. Bank failed to appear. U.S. Bank agreed to make a settlement offer to Anthony-Irish and to cancel the foreclosure sale, but no copy of the mediated agreement…

2Cases cited16 opinions

  1. Witt v. StateSupreme Court of Florida · 1980
  2. Levin, Middlebrooks v. US Fire Ins. Co.Supreme Court of Florida · 1994
  3. Lovett and Lovett v. LovettSupreme Court of Florida · 1927
  4. Paulucci v. General Dynamics Corp.Supreme Court of Florida · 2003
  5. Tobkin v. StateDistrict Court of Appeal of Florida · 2001

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3Cited by17 opinions

  1. HEATH TRERICE, individually and in his derivative capacity, etc. v. HOWARD TRERICEDistrict Court of Appeal of Florida · 2018
  2. BANK OF AMERICA, N.A. v. ABPAYMAR, LLCDistrict Court of Appeal of Florida · 2023
  3. Bankers Trust Co. of Cal. Na ex rel. Certificate-Holders Vendee Mortg. Trust 2001-1 U.S. Veteran Affairs Guaranteed Remic Passthrough Certificates v. MosleyDistrict Court of Appeal of Florida · 2018
  4. Bankers Trust Company of California NA, etc. v. Danielle H. Mosley f/k/a Danielle S. FailsDistrict Court of Appeal of Florida · 2018
  5. FQS Enterprise, LLC v. B & K Factor, Inc.District Court of Appeal of Florida · 2025

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