WILLIAM H. CORNING, APPELLANT,
v.
WELLS FARGO BANK, NA, APPELLEE
WILLIAM H. CORNING, APPELLANT,
WELLS FARGO BANK, NA, APPELLEE
73 So. 3d 363
Florida District Court of Appeal, First District (2011)
Positive Treatment
Cited by 1 case
Opinion of the Court
The appellee’s motion to dismiss for lack of jurisdiction is GRANTED. The appeal from a Certificate of Sale, filed by the Circuit Court Clerk of Court on March 22, 2011, is hereby DISMISSED. Cf. Fla. R.App. P. 9.030(b)(1). This dismissal is without prejudice to the appellant’s right to seek relief in the circuit court from the foreclosure sale and underlying judgment. Bennett v. Ward, 667 So.2d 378 (Fla. 1st DCA 1995); Brigham v. State, 769 So.2d 1100 (Fla. 1st DCA 2000) (explaining avenues for obtaining belated appeal in criminal and civil cases).
DAVIS, VAN NORTWICK, and ROWE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Corning v. Wells Fargo Bank, NA, 120 So. 3d 1278 (Fla. 1st DCA 2013)…the appeal was filed more than thirty days after entry of the foreclosure judgment), but “without prejudice to the appellant’s right to seek relief in the circuit court from the foreclosure sale and underlying judgment.” Corning v. Wells Fargo Bank, 73 So. 3d 363 (Fla. 1st DCA 2011). This Court’s order cited cases suggesting that Appellant could seek relief by filing a motion for relief from judgment in the trial court pursuant to Florida Rule of Civil Procedure 1.540. Id. After returning to the trial cou…
Authorities Cited
- Brigham v. State, 769 So. 2d 1100 (Fla. 1st DCA 2000)
- Reagan v. State, 667 So. 2d 378 (Fla. 1st DCA 1995)
- Virgel Bennett v. Ward, 667 So. 2d 378 (Fla. 1st DCA 1995)