ESPOSITA
v.
SUNTRUST BANK
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A trial court lacks jurisdiction to enter a summary final judgment in foreclosure when the case has been removed to federal court.
[1] A trial court is divested of jurisdiction once a civil action is removed to federal court and cannot enter judgments in the action.
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Join FLexlaw to unlock all legal intelligenceDeano S. Esposita appealed a summary final judgment of foreclosure issued by the trial court in Seminole County. SunTrust Bank filed a confession of e…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED DEANO S. ESPOSITA,
Appellant,
v. Case No. 5D17-3552 SUNTRUST BANK, AMY C. ESPOSITA, REGIONS BANK D/B/A AMSOUTH BANK AND MAGNOLIA PLANTATION HOMEOWNERS ASSOCIATION, INC.,
Appellees. /
Opinion filed February 2, 2018 Appeal from the Circuit Court for Seminole County, Susan Stacy, Judge. Deano S. Esposita, Lake Mary, pro se. Charles P. Gufford, of McCalla Raymer Leibert Pierce, LLC, Orlando, for Appellee, SunTrust Bank. No appearance for other Appellees.
ON CONFESSION OF ERROR
PER CURIAM.
Pursuant to SunTrust Bank’s Confession of Error, we reverse the Summary Final Judgment of Foreclosure, as the trial court lacked jurisdiction to enter the judgment because the case had been removed to federal court. We remand this matter to the trial court for further proceedings.
REVERSED and REMANDED. SAWAYA, ORFINGER, and LAMBERT, JJ., concur.