ESPOSITA
v.
SUNTRUST BANK

Fla. 5th DCA | 2018-02-02
No. Case No. 5D17–3552
239 So. 3d 143 Florida District Court of Appeal, Fifth District (2018)

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Holding

A state trial court lacks jurisdiction to enter a foreclosure judgment in a case that has been removed to federal court.


Headnotes

[1] A state trial court is divested of jurisdiction to enter judgments in a civil action after the case has been removed to federal court.

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Facts & Procedural History

Deano S. Esposita appealed a summary final judgment of foreclosure entered by the circuit court in Seminole County. SunTrust Bank had removed the case…

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Opinion of the Court

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.


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