Lurtz v. Bank of New York Mellon
Lurtz v. Bank of New York Mellon
Opinion of the Court
ON CONFESSION OF ERROR
Appellant argues on appeal that the trial court erred in conducting a foreclosure trial before the case was at issue, in contravention to Florida Rule of Civil Procedure 1.440(a). Rule 1.440(a) states that “[a]n action is at issue after any motions directed to the last pleading served have been disposed of or, if no such motions are served, 20 days after service of the last pleading.” Appellee concedes, and we agree, that the trial court improperly issued an order setting a non-jury trial and held a trial less than twenty days after the
Reversed and Remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.