Legal Opinion
Pino v. Bank of New York Mellon
District Court of Appeal of Florida
Decided March 30, 2011No. 4D10-378PublishedCited by 6 opinions
1Opinion of the Court
ON MOTION FOR CLARIFICATION
WARNER, J.
We grant the motion for clarification, withdraw our previously issued opinion and substitute the following in its place.
The defendant in a mortgage foreclosure action filed by BNY Mellon appeals a trial court’s denial of his motion under Florida Rule of Civil Procedure 1.540(b) to vacate a voluntary dismissal. The notice was filed after the defendant moved for sanctions against the plaintiff for filing what he alleged was a fraudulent assignment of mortgage. Because the notice of voluntary dismissal was filed prior to the plaintiff obtaining any…
2Cases cited15 opinions
- Salim Aoude v. Mobil Oil CorporationCourt of Appeals for the First Circuit · 1989
- Miller v. Fortune Ins. Co.Supreme Court of Florida · 1986
- Morgan v. CampbellDistrict Court of Appeal of Florida · 2002
- Ramey v. Haverty Furniture Companies, Inc.District Court of Appeal of Florida · 2008
- Shampaine Industries, Inc. v. South Broward Hosp. Dist.District Court of Appeal of Florida · 1982
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3Cited by6 opinions
- Pino v. Bank of New YorkSupreme Court of Florida · 2013
- Ferere v. ShureDistrict Court of Appeal of Florida · 2011
- Pino v. Bank of New YorkSupreme Court of Florida · 2011
- Wells Fargo Bank, N.A. v. ReevesDistrict Court of Appeal of Florida · 2012
- Diaz, Reus & Targ, LLP v. Bird Wingate, LLCDistrict Court of Appeal of Florida · 2011
1 more not listed; retrieve them via the Exa API.