Legal Opinion

Cheshire v. Wells Fargo Bank, N.A.

District Court of Appeal of Florida

Decided September 3, 2015No. 1D15-113PublishedCited by 4 opinions

1Opinion of the CourtSwanson, J.

Appellant seeks review of the trial court’s order denying her motions seeking relief following appellee’s voluntary dismissal of its mortgage foreclosure action against appellant. We conclude appellant’s motions failed to state any claim for relief pursuant to Florida Rule of Civil Procedure 1.540(b) with one possible exception. Appellant correctly notes the order dismissing her counterclaims with prejudice was entered simultaneously with the trial judge’s order of recusal. Any order entered simultaneously with an order of recusal is void. Lance Block, P.A. v. Searcy, Denney, Scarola,…

2Cases cited3 opinions

  1. Barnett Bank of South Florida, NA v. TarrDistrict Court of Appeal of Florida · 1990
  2. Lance Block, P.A. v. Searcy, Denney, Scarola, Barnhart & Shipley, P.A.District Court of Appeal of Florida · 2012
  3. Layne Dredging Co. v. Regus, Inc.District Court of Appeal of Florida · 1993

3Cited by4 opinions

  1. De La Osa v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2016
  2. De La Osa v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2016
  3. De La Osa v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2016
  4. De La Osa v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2016

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