BARBARA ANN KELLY
v.
SUNTRUST BANK
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
An appellant's motion for reinstatement of an appeal from a final foreclosure judgment must be granted when timely filed, and duplicative appeals arising from the same underlying judgment must be consolidated and the duplicate dismissed.
[1] A duplicative appeal may be dismissed on the court's own motion, with review to proceed in the remaining appeal.
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceKelly, representing herself, filed a motion to reinstate an appeal (case 1D18-0222) on December 7, 2018. The underlying appeal concerned a December 14…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
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.