Jill R. McGrail v. U.S. Bank, N.A., Etc.

• Court: District Court of Appeal of Florida
• Decided: October 22, 2025
• Docket: 3D2024-0864
• Status: Published

Opinion

Third District Court of Appeal Stateof Florida

Opinion filed October 22, 2025. Not final until disposition of timely filed motion for rehearing.

No. 3D24-0864 Lower Tribunal No. 21-20012-CA-01

Jill R. McGrail, Appellant,

vs.

U.S. Bank, N.A., etc., Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Lisa S. Walsh, Judge.

Kaplan Zeena LLP, James M. Kaplan, and Steven A. Colsky, for appellant.

Levine Kellogg Lehman Schneider + Grossman LLP, and Matthew J. McGuane; McGlinchey Stafford, and Kimberly Held Israel (Jacksonville), for appellee.

Before FERNANDEZ, LINDSEY and GOODEN, JJ.

PER CURIAM. Affirmed. See Navarro v. Borges, 388 So. 3d 1044, 1046 (Fla. 3d DCA

2024) (stating that this Court reviews the trial court’s entry of summary

judgment de novo); § 768.79(1), Fla. Stat. (2024) (“In any civil action for

damages filed in the courts of this state, if a defendant files an offer of

judgment which is not accepted by the plaintiff within 30 days, the defendant

shall be entitled to recover reasonable costs and attorney's fees . . . if the

judgment is one of no liability or the judgment obtained by the plaintiff is at

least 25 percent less than such offer[.]” (emphasis added)); Godwin v. State,

593 So. 2d 211, 212 (Fla. 1992) (“An issue is moot when the controversy has

been so fully resolved that a judicial determination can have no actual effect.

A case is ‘moot’ when it presents no actual controversy or when the issues

have ceased to exist. Black's Law Dictionary 1008 (6th ed.1990). A moot

case generally will be dismissed.” (internal citations omitted)).