Florida District Courts of Appeal, 2011

Bank of America, N.A. v. Diamond

Bank of America, N.A. v. Diamond
Florida District Courts of Appeal · Decided April 6, 2011 · Gross, Levine, Warner
60 So. 3d 1093; 2011 Fla. App. LEXIS 4802; 2011 WL 1261194 (Southern Reporter, Third Series)

Bank of America, N.A. v. Diamond

Opinion of the Court

PER CURIAM.

The petition for writ of prohibition is denied. The court has jurisdiction to consider the answers and counterclaim filed after the final judgment of foreclosure, as they relate to the motion for deficiency judgment. The answers and counterclaim also contest liability on the guarantees executed by the individual defendants. The issue of liability on the guarantees was raised in count II of the amended complaint, but those issues were not disposed of in the final judgment of foreclosure. To the extent that the answers and counterclaim are directed solely to the final judgment of foreclosure, the court lacks jurisdiction to disturb that judgment. See Francisco v. Victoria Marine Shipping, Inc., 486 So.2d 1886 (Fla. 3d DCA 1986) (after time for rehearing ends, trial court loses jurisdiction except to enforce the judgment and as provided in Florida Rule of Civil Procedure 1.540(b)).

GROSS, C.J., WARNER and LEVINE, JJ., concur.

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