EDUARTEZ
v.
FEDERAL NATIONAL MORTGAGE ASSOC.

Fla. 3d DCA | 2019-02-20
No. 17-1448
Florida District Court of Appeal, Third District (2019)

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Holding

The trial court properly denied the appellant's motion to vacate the surplus fund disbursement order.


Headnotes

[1] The legal framework established in Bank of New York Mellon v. …

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Facts & Procedural History

Eduardo F. Eduartez appealed a trial court order denying his May 18, 2017 motion to vacate a surplus fund disbursement order. The Florida Supreme Cour…

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Opinion of the Court

PER CURIAM.

After rendering its decision in Bank of New York Mellon v. Glenville, 252 So. 3d 1120 (Fla. 2018), the Florida Supreme Court quashed this Court’s June 13, 2018 decision in this case, and remanded the matter back to us for reconsideration upon application of Glenville. Eduartez v. Federal Nat’l Mortg. Ass’n, No. SC18-1436 (Fla. S. Ct. Dec. 7, 2018). We ordered supplemental briefing from the parties. We agree with appellees Degel, LLC and Sunshores Condominium Association that Glenville requires affirmance of the trial court’s May 30, 2017 order that denied appellant Eduardo F. Eduartez’s May 18, 2017 motion to vacate the surplus fund disbursement order.

Affirmed.


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