FELTON RILEY, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
FELTON RILEY, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
397 So. 2d 453
Florida District Court of Appeal, Third District (1981)
Positive Treatment
Cited by 3 cases
Opinion of the Court
BASKIN, Judge.
We affirm the trial court’s summary denial of defendant Riley’s Motion to Vacate his convictions and sentences entered pursuant to guilty pleas. We agree that defendant’s Motion to Vacate filed under Florida Rule of Criminal Procedure 3.850, challenging the effectiveness of his counsel, was insufficient as a matter of law. Morrison v. State, 283 So. 2d 137 (Fla. 2d DCA 1973). In light of our ruling, we need not address the other questions presented.
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Sudhoff v. Fed. Nat'l Mortg. Ass'n, 942 So. 2d 425 (Fla. 5th DCA 2006)…“[t]he right of redemption is an innate feature of every mortgage”). The trial court incorrectly allowed Fannie Mae to foreclose on the property, depriving Mrs. Sudhoff of her equity of redemption. See Maniscalco v. Hollywood Fed. Sav. & Loan Ass’n, 397 So. 2d 453, 455 (Fla. 4th DCA 1981) (reversing with direction to vacate default and final judgment and to set aside the sale). Fannie Mae claims “[t]he law is well established that a mortgagor who does not hold an ownership interest in the property ... is nei…1 / 2
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Fam. Bank v. Able Realty OF Am. Corp., 702 So. 2d 1322 (Fla. 4th DCA 1997)…n in deciding on rehearing whether the judicial sales should be set aside, and exercise of such discretion should not be interfered with by an appellate court in absence of abuse of such discretion); Maniscalco v. Hollywood Fed. Sav. and Loan Ass’n, 397 So. 2d 453 (Fla. 4th DCA 1981) (right of a mortgagor to redeem as an incident of every mortgage cannot be extinguished except by due process of law); John Stepp, Inc. v. First Federal Sav. and Loan Ass’n of Miami, 379 So. 2d 384 (Fla. 4th DCA 1980) (same); Lic…
Authorities Cited
- Morrison v. State, 283 So. 2d 137 (Fla. 2d DCA 1973)