Legal Opinion
Beaumont v. BANK OF NEW YORK MELLON
District Court of Appeal of Florida
Decided February 17, 2012No. 5D10-3471PublishedCited by 19 opinions
1Per curiam
Marc D. Beaumont appeals a final summary judgment entered by the trial court on a claim to foreclose a residential mortgage and recover on a promissory note executed in connection with the mortgage. We reverse.
The final summary judgment in this case was entered in favor of Novastar Home Mortgage, Inc. (“Novastar”), a non-party to the suit because of its prior withdrawal from the case. It is fundamental error to enter judgment in favor of a non-party. Beseau v. Bhalani, 904 So.2d 641 (Fla. 5th DCA 2005); Rustom v. Sparling, 685 So.2d 90 (Fla. 4th DCA 1997). The defect, which is jurisdictional,…
2Cases cited10 opinions
- Taylor v. Deutsche Bank National Trust Co.District Court of Appeal of Florida · 2010
- Perry v. Fairbanks Capital Corp.District Court of Appeal of Florida · 2004
- State Department of Environmental Protection v. GarciaDistrict Court of Appeal of Florida · 2011
- Venture Holdings & Acquisitions Group, LLC v. A.I.M. Funding Group, LLCDistrict Court of Appeal of Florida · 2011
- Kissman v. PanizziDistrict Court of Appeal of Florida · 2005
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Steinberger v. McVeyCourt of Appeals of Arizona · 2014
- Correa v. U.S. Bank National Ass'nDistrict Court of Appeal of Florida · 2013
- Gafoor Jaffer and Nina Jaffer v. Chase Home Finance, LLCDistrict Court of Appeal of Florida · 2015
- Mark Pennington v. Ocwen Loan Servicing, LLCDistrict Court of Appeal of Florida · 2014
- Boumarate v. HSBC Bank USA, N.A.District Court of Appeal of Florida · 2015
14 more not listed; retrieve them via the Exa API.