David Ryan v. the Bank of New York Mellon Trust Company, N.A., Etc.

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.”).