banks/banking Barbara J. Pariente C. Alan Lawson Charles T. Canady Florida Supreme Court foreclosures Jorge Labarga Joseph Eagleton Matthew Conigliaro mortgages Peggy A. Quince property rights/private property R. Fred Lewis Ricky Polston
U.S. Bank National Association filed a foreclosure action against Ms. Elizabeth Anthony-Irish. In 2009, the trial court ruled in favor of U.S. Bank and ordered the sale of the property. The trial court also ordered the parties to mediation, where they reached an agreement. The trial court then canceled the upcoming sale. In 2011, after finding that U.S. Bank had not mediated in good faith, the trial court vacated the 2009 ruling and dismissed the foreclosure action. In 2015, U.S. Bank filed a motion in the trial court seeking to vacate the dismissal order. The trial court denied U.S. Bank’s motion. U.S. Bank appealed to the Fifth District Court of Appeal claiming the trial court had no authority to dismiss the case. The Fifth District upheld the trial court’s denial of U.S. Bank’s motion. U.S. Bank asked this Court to review the case because the Fifth District’s decision conflicts with decisions of this Court and other appellate courts.
Watch more oral arguments from 8/29/18: