Saturday, January 8, 2011

Third District Dismisses Appeal Of Order Dismissing Case With Prejudice As Premature

In U.S. Bank, N.A. v. Torres (3D10-3386), the Third District dismissed an appeal for lack of jurisdiction.  The case involved an appeal of "the trial court’s December 9, 2010 Order striking U.S. Bank’s pleadings, dismissing U.S. Bank’s case with prejudice, and requiring the appearance of U.S. Bank and its counsel to surrender the Note on January 3, 2011."  The court stated:
We agree with Torres that the appeal is premature and as such, we grant Torres’ motion to dismiss U.S. Bank’s appeal.  In addition, we deny U.S. Bank’s motion for stay pending review, with the  understanding that once the trial court rules at the hearing on January 3, 2011, U.S. Bank will  have the opportunity to appeal the trial court’s decision if it chooses to do so and seek a stay from the trial court’s order at that point. 


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