Florida District Courts of Appeal, 1992

Tavernier Towne Associates v. Eagle National Bank of Miami

Florida District Courts of Appeal · Decided January 28, 1992 · No. 91-1014 · Gersten, Hubbart, Schwartz

593 So. 2d 306; 1992 Fla. App. LEXIS 599; 1992 WL 12117 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Hudlett v. Sanderson (Fla. Dist. Ct. App. 1998)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

We find no error in any of the rulings complained of and therefore affirm the final judgment under review with the exception of that portion which purports to foreclose a mortgage on real property in Monroe County. Since the Dade County Circuit Court lacked jurisdiction to grant such relief under the “local action” rule, Georgia Casualty Co. v. O’Donnell, 109 Fla. 290, 147 So. 267 (1933); Publix Super Markets, Inc. v. Cheesbro Roofing, Inc., 502 So.2d 484 (Fla. 5th DCA 1987); see Spector v. Old Town Key West Dev. Corp., 567 So.2d 1017 (Fla. 3d DCA 1990), review denied, 577 So.2d 1327 (Fla. 1991), the foreclosure order is vacated and the cause remanded with directions to transfer the case to the sixteenth circuit for re-entry of the judgment.

Affirmed in part, vacated in part and remanded with directions.

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