David Ryan v. the Bank of New York Mellon Trust Company, N.A., Etc.
This text of David Ryan v. the Bank of New York Mellon Trust Company, N.A., Etc. (David Ryan v. the Bank of New York Mellon Trust Company, N.A., Etc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Third District Court of Appeal State of Florida
Opinion filed April 30, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D24-0022 Lower Tribunal No. 19-9635 ________________
David Ryan, Appellant,
vs.
The Bank of New York Mellon Trust Company, N.A., etc., Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Antonio Arzola, Judge.
Quaranta P.A., and John M. Quaranta, for appellant.
Greenberg Traurig, P.A., and Kimberly S. Mello (Orlando), for appellee.
Before EMAS, SCALES and MILLER, JJ.
PER CURIAM. Affirmed. See Bank of Am., N.A. v. Abpaymar, LLC, 373 So. 3d 669,
670 (Fla. 5th DCA 2023) (“The central issue is whether the current trial court
had the power to revisit and nullify the 2011 order that vacated the 2006 final
judgment of foreclosure and returned the original note and mortgage to
Countrywide (who subsequently assigned the documents to BOA). It did not.
The trial court mistakenly relitigated the procedural validity of the 2011
vacation order, a matter previously adjudicated with finality; it had no
authority to reconsider the order and deem it ‘ineffectual’ and thereby ‘void
and of no force or effect’ because of its view that Countrywide set forth
inadequate grounds for the relief obtained. This court has reiterated that the
finality of judgments is of great import even when the judgments may have
been wrongly decided.”).
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