CATHERINE HITZGES (CORMIER)
v.
BANK OF AMERICA

Fla. 4th DCA | 2018-04-18
No. 17-3125
Lazarus, J., Warner, J., Forst, J., Kuntz, J.
244 So. 3d 1077 Florida District Court of Appeal, Fourth District (2018)

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Holding

A motion for relief under Florida Rule of Civil Procedure 1.540(b)(2) and (3) that is filed outside the applicable time period must be denied as untimely.


Headnotes

[1] A motion for relief under Florida Rule of Civil Procedure 1.540(b)(2) and (3) must be filed within the time period prescribed by the rule or it will be denied as untimely…

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Facts & Procedural History

Catherine Hitzges filed a motion for relief under Florida Rule of Civil Procedure 1.540(b)(2) and (3) in a case against Bank of America and BAC Home L…

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Opinion of the Court
Kuntz

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

CATHERINE HITZGES (CORMIER), Appellant,

v.

BANK OF AMERICA, N.A., and BAC HOME LOANS SERVICING, L.P., f/k/a COUNTRYWIDE HOME LOANS SERVICING, L.P., Appellees.

No. 4D17-3125

[April 18, 2018]

Appeal of a non-final order from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Joel T. Lazarus, Senior Judge; L.T. Case No. CACE10-018551.

Catherine Hitzges (Cormier), Cooper City, for appellant.

Adam M. Topel of Liebler Gonzalez & Portuondo, Miami, for appellee Bank of America.

PER CURIAM.

The motion for relief pursuant to Florida Rule of Civil Procedure 1.540(b)(2) and (3) was untimely. See Epicor Software Corp. v. Coopers & Clarke, Inc., 928 So. 2d 1249, 1251 (Fla. 3d DCA 2006).

Affirmed.

WARNER, FORST and KUNTZ, JJ., concur.

* * *


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