BARBARA ANN KELLY
v.
SUNTRUST BANK
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An appeal that was dismissed for procedural noncompliance may be reinstated upon the appellant's motion and will be treated as an appeal from the underlying foreclosure judgment.
[1] An appellant's motion for reinstatement of a dismissed appeal is discretionary and may be granted to allow review of the underlying substantive judgment.
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Join FLexlaw to unlock all legal intelligenceBarbara Ann Kelly's appeal was apparently dismissed, and on December 7, 2018, she filed a motion seeking reinstatement of case number 1D18-0222. A dup…
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February 5, 2019 PER CURIAM.
Appellant’s motion for reinstatement filed on December 7, 2018, in case number 1D18-0222, is granted, and the appeal in case number 1D18-0222 is hereby reinstated.
Case number 1D18-0222 is treated as an appeal from the final judgment of foreclosure, rendered by the lower tribunal’s December 14, 2017, Order Denying Defendant Barbara Kelly’s Motion to Vacate Final Judgment. On the Court’s own motion, the appeal in case number 1D18-0220 is dismissed as duplicative of the appeal in case number 1D18-0222. Review of the order in case number 1D18-0220 shall proceed in case number 1D18-0222.
Appellant’s request to consolidate the two appeals, contained within the foregoing motion, is denied as moot.
WOLF, LEWIS, and WETHERELL, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Barbara Ann Kelly, pro se, Appellant. Amelia Hallenberg Beard of McCalla Raymer Leibert Pierce, LLC, Orlando, for Appellee.