Florida District Courts of Appeal, 2014

Hoffman v. BankUnited, N.A.

Florida District Courts of Appeal · Decided February 19, 2014 · Davis, Silberman, Sleet

137 So. 3d 1039; 2014 WL 627020; 2014 Fla. App. LEXIS 2242 (Southern Reporter, Third Series)

Cases that cite this one

6 later published cases cite this decision.

Diaz v. U.S. Bank (Fla. Dist. Ct. App. 2018)
JACOB FRANCOIS v. LIBRARY SQUARE ASSOCIATION, INC. (Fla. Dist. Ct. App. 2018)
JEFFREY LOWENSTEIN AND VICTORIA LOWENSTEIN v. U. S. BANK NATIONAL ASSOCIATION (Fla. Dist. Ct. App. 2018)
Prieto v. Federal National Mortgage Association (Fla. Dist. Ct. App. 2016)
944 CWELT-2007 LLC v. Bank of America, N.A. (Fla. Dist. Ct. App. 2016)
Prieto v. Federal National Mortgage Ass'n (Fla. Dist. Ct. App. 2016)

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

SILBERMAN, Judge.

Arthur P. Hoffman appeals the final judgment of foreclosure entered in favor of BankUnited, FSB, and raises four issues. As to the three issues regarding the sufficiency of the evidence to support the final judgment, we conclude that Hoffman is not entitled to relief and affirm without discussion. On the fourth issue, we agree that the foreclosure sale of the property must be set aside because the sale was conducted while Hoffman’s timely motion for rehearing was pending. See Wollman v. Levy, 489 So.2d 1239, 1239 (Fla. 3d DCA 1986). Accordingly, we vacate the foreclosure sale. Because the trial court disposed of the rehearing motion some time after the sale, the court may again order the foreclosure sale of the property on remand.

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

DAVIS, C.J., and SLEET, J., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.