TAVERNIER TOWNE ASSOCIATES AND MICHAEL BARR, APPELLANTS,
v.
EAGLE NATIONAL BANK OF MIAMI, APPELLEE
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PER CURIAM.
We find no error in any of the rulings complained of and therefore affirm the final judgment under review with the exception of that portion which purports to foreclose a mortgage on real property in Monroe County. Since the Dade County Circuit Court lacked jurisdiction to grant such relief under the “local action” rule, Georgia Casualty Co. v. O’Donnell, 109 Fla. 290, 147 So. 267 (1933); Publix Super Markets, Inc. v. Cheesbro Roofing, Inc., 502 So. 2d 484 (Fla. 5th DCA 1987); see Spector v. Old Town Key West Dev. Corp., 567 So. 2d 1017 (Fla. 3d DCA 1990), review denied, 577 So. 2d 1327 (Fla.1991), the foreclosure order is vacated and the cause remanded with directions to transfer the case to the sixteenth circuit for re-entry of the judgment.
Affirmed in part, vacated in part and remanded with directions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hudlett v. Sanderson, 715 So. 2d 1050 (Fla. 4th DCA 1998)…ounty. A mortgage foreclosure action is á local action- and must be brought in the county where the land lies. Georgia Cas. Co. v. O’Donnell, 147 So. 267, 268, 109 Fla. 290, 292 (1933). See also, Tavernier Towne Assocs. v. Eagle Nat’l Bank of Miami, 593 So. 2d 306 (Fla. 3d DCA 1992); Board of Trustees of Internal Improvement Trust Fund of State v. Mobil Oil Corp., 455 So. 2d 412 (Fla. 2d D.CA 1984), modified, Coastal Petroleum Co. v. American Cyanamid Co., 492 So. 2d 339 (Fla.1986); Cohen v. Century Ventures,…
Authorities Cited
- Ga. Cas. Co. v. O'Donnell, 109 Fla. 290 (Fla. 1933)
- Dade Cnty. Pub. Safety Dep't & CNA Ins. Cos. v. Adams, 502 So. 2d 484 (Fla. 1st DCA 1987)
- Spector v. OLD Town KEY W. Dev., Ltd., 567 So. 2d 1017 (Fla. 3d DCA 1990)