Legal Opinion

Nazzaro v. Moksel

District Court of Appeal of Florida

Decided June 16, 1987No. 86-1765Published

1Per curiam

This is an interlocutory appeal by the defendant mortgagor Joseph Nazzaro from an order compelling payment of an arrear-age allegedly due pursuant to a stipulated dismissal entered in a mortgage foreclosure action. Fla.R.App.P. 9.130(a)(3)(C)(iv). We reverse the order under review upon a holding that the said order was erroneously entered without the lower court’s first complying with this court’s mandate in a prior appeal taken in this cause wherein we reversed a final judgment of foreclosure. Nazzaro v. Moksel, 483 So.2d 884 (Fla. 3d DCA 1986). As yet, this final judgment has not been set…

2Cases cited5 opinions

  1. BLACKHAWK HEAT. & P. CO., INC. v. Data Lease Fin. Corp.Supreme Court of Florida · 1975
  2. Berger v. LeposkySupreme Court of Florida · 1958
  3. City of Miami Beach v. Arthree, Inc.District Court of Appeal of Florida · 1973
  4. Citibank v. PlapingerDistrict Court of Appeal of Florida · 1985
  5. Nazzaro v. DupontDistrict Court of Appeal of Florida · 1986

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