Garcia v. Christiana Trust

Eduardo Garcia petitions this court to enforce a mandate issued on June 5, 2014, or alternatively, for a writ of certiorari or prohibition. We treat this appeal as a proceeding for a writ of certiorari and for the reasons stated below, grant the writ and quash the order under review.

This ongoing and factually tortured litigation began when BankUnited sought to foreclose on a mortgage purportedly signed by Eduardo Gareiá and Bertha Garcia, who were husband and wife at the time. Eduardo Garcia and Bertha Garcia held title to the property as tenants by the entireties. A bench trial on the…