Legal Opinion

Wally v. National City Mortgage Co.

District Court of Appeal of Florida

Decided February 4, 2004No. 4D03-4762PublishedCited by 1 opinion

1Opinion of the CourtKlein, J.

Petitioner’s mortgage is in foreclosure. The bank records custodian and vice-president filed an affidavit reflecting that the mortgage was in default and the amount owed. Petitioner noticed the deposition of this witness in Florida, but the witness responded with a motion for protective order stating that she resides in Ohio and is employed by the lender in Ohio. The trial court granted the motion for protective order without explanation.

Petitioner has cited no authority which would support certiorari review of this order, which is not surprising since this court does not review by certiorari…

2Cases cited3 opinions

  1. Allstate Ins. Co. v. LangstonSupreme Court of Florida · 1995
  2. Ormond Beach First Nat. Bank v. JM MONTGOMERY ROOF. CO.District Court of Appeal of Florida · 1966
  3. Barrett v. CallawayDistrict Court of Appeal of Florida · 2003

3Cited by1 opinion

  1. Whitney Info. v. Council of Better BusinessDistrict Court of Appeal of Florida · 2007

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