FREDDIE L. CRAWFORD, APPELLANT,
v.
CITY NATIONAL BANK AND WESTPORT RECOVERY CORPORATION, APPELLEES
FREDDIE L. CRAWFORD, APPELLANT,
CITY NATIONAL BANK AND WESTPORT RECOVERY CORPORATION, APPELLEES
851 So. 2d 897
Florida District Court of Appeal, Third District (2003)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
Affirmed. See § 222.11(l)(c), Florida Statutes (2002); Mazzella v. Boinis, 617 So. 2d 1156 (Fla. 4th DCA 1993), review dismissed, 626 So. 2d 203 (Fla.1993); In re Barncastle, 8 B.R. 464 (Bankr.S.D.Fla.1981).
LEVY and FLETCHER, JJ., concur.
Concurrence
SCHWARTZ, Chief Judge
(specially concurring).
I entirely agree with affirmance, notwithstanding that my failure to adhere to the rule that cases should be decided on the basis they were litigated below and argued on appeal led to the vehement expression of views at oral argument which, it was soon revealed, were contrary to the law of Florida. No harm done except to my (heretofore monumental) legal ego.
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Cravero v. LLP Mortg. Ltd., 887 So. 2d 1236 (Fla. 2004)…PER CURIAM. We initially accepted for review the Fourth District Court of Appeal’s decision in LLP Mortgage Ltd. v. Cravero, 851 So. 2d 897 (Fla. 4th DCA 2003), based on express and direct conflict with the decision in Lovey v. Escambia County, 141 So. 2d 761 (Fla. 1st DCA 1962). Upon further consideration, we find that review was improvidently granted. Accordingly, this review proceedi…
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Prescription P'rs, LLC v. State, 109 So. 3d 1218 (Fla. 1st DCA 2013)…d 637, 642 (Fla. 1st DCA 2000) (quoting State v. Family Bank of Hallandale, 667 So. 2d 257, 259 (Fla. 1st DCA 1995); and additionally citing Rose v. Teitler, 736 So. 2d 122 (Fla. 4th DCA 1999)) (emphasis added); see also LLP Mortg., Ltd. v. Cravero, 851 So. 2d 897, 898 (Fla. 4th DCA 2003) (observing “the rather universally followed proposition that an assignee stands in the shoes of the assignor and has all the rights enjoyed by the assignor”) (citing Dubbin v. Capital Nat’l Bank of Miami, 264 So. 2d 1 (Fla.1…
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LPP Mortg. Ltd. v. Tucker, 48 So. 3d 115 (Fla. 3d DCA 2010)…es the benefit of the statute of limitations applicable to the assignor’s foreclosure action. See UMLIC VP LLC v. Matthias, 364 F. 3d 125 (3d Cir.2004); LPP Mortgage Ltd. v. Hotaling, 497 F. Supp. 2d 1217 (D.Colo.2007); LLP Mortgage Ltd. v. Cravero, 851 So. 2d 897 (Fla. 4th DCA 2003). [*117] The United States Code provides an unlimited time for the federal government to bring an action to establish the title to, or right of possession of, real or personal property. See 28 U.S.C. § 2415 (1996). Thus, the court…
Authorities Cited
- Barbara A. Mazzella, M.D. v. Boinis, 617 So. 2d 1156 (Fla. 4th DCA 1993)