IMPULSORA DE PRODUCTOS SUSTENTABLES S.A.P.I. DE C.V.
v.
SUNSHINE ORIENTAL TRADING UNLIMITED CORP., ET AL.
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The trial court properly exercised its discretion in vacating the certificate of sale and certificate of title as a necessary and logical extension of its prior order vacating the final judgment.
[1] A trial court properly exercises its discretion under Florida Rule of Civil Procedure 1.540(b)(5) in vacating a certificate of sale and certificate of title when such act…
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Join FLexlaw to unlock all legal intelligence“the trial court properly exercised its discretion [under Florida Rule of Civil Procedure 1.540(b)(5)] in vacating the certificate of sale and the certificate of title, as a necessary and logical extension of its prior order vacating the final judgment”
Court's reasoning for affirming the trial court's order
Impulsora de Productos Sustentables S.A.P.I. de C.V. appealed a non-final order from the Circuit Court for Miami-Dade County involving Sunshine Orient…
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Third District Court of Appeal State of Florida
Opinion filed April 24, 2024. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D24-0130 Lower Tribunal No. 21-10054 ________________
Impulsora de Productos Sustentables S.A.P.I. de C.V., Appellant,
vs.
Sunshine Oriental Trading Unlimited Corp., et al., Appellees.
An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Thomas J. Rebull, Judge.
Law Office of Alan I. Karten, PLLC, and Alan I. Karten (Boynton Beach), for appellant.
Michael Van Cleve, Law, and Michael Van Cleve, for appellee Rafael Guillermo Velasquez.
Before FERNANDEZ, GORDO and BOKOR, JJ.
PER CURIAM.
2
Affirmed. See, e.g., 90 CWELT-2008 LLC v. Yacht Club at Portofino Condo. Ass’n, Inc., 245 So. 3d 925, 927 (Fla. 3d DCA 2018) (noting “gross abuse of discretion” standard of review and explaining that “the trial court properly exercised its discretion [under Florida Rule of Civil Procedure 1.540(b)(5)] in vacating the certificate of sale and the certificate of title, as a necessary and logical extension of its prior order vacating the final judgment”).
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- 90 Cwelt-2008 v. Yacht Club at Portofino Condo Assoc., 245 So. 3d 925 (Fla. 3d DCA 2018)