Monahan v. Bank of New York Mellon

District Court of Appeal of Florida

Monahan v. Bank of New York Mellon

167 So. 3d 524, 2015 Fla. App. LEXIS 10682, 2015 WL 4231730

CourtDistrict Court of Appeal of Florida

DecidedJuly 14, 2015

DocketNo. 1D15-2242

StatusPublished

This text of 167 So. 3d 524 (Monahan v. Bank of New York Mellon) 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.

Bluebook

Monahan v. Bank of New York Mellon, 167 So. 3d 524, 2015 Fla. App. LEXIS 10682, 2015 WL 4231730 (Fla. Ct. App. 2015).

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Opinion

PER CURIAM.

Upon consideration of the appellant’s response to the Court’s order of May 29, 2015, the Court has determined that Count II of the Verified Complaint to Foreclose Mortgage, and Count I, seeking imposition of an equitable lien on the property, are inextricably intertwined. Therefore, the May 12, 2015 Final Judgment for Plaintiff as to Count II, does not constitute a partial final judgment subject to immediate review pursuant to Florida Rule of Appellate Procedure 9.110(k). Accordingly, the appeal is hereby dismissed as premature.

ROWE, SWANSON, and BILBREY, JJ., concur.

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PER CURIAM.

Upon consideration of the appellant’s response to the Court’s order of May 29, 2015, the Court has determined that Count II of the Verified Complaint to Foreclose Mortgage, and Count I, seeking imposition of an equitable lien on the property, are inextricably intertwined. Therefore, the May 12, 2015 Final Judgment for Plaintiff as to Count II, does not constitute a partial final judgment subject to immediate review pursuant to Florida Rule of Appellate Procedure 9.110(k). Accordingly, the appeal is hereby dismissed as premature.

ROWE, SWANSON, and BILBREY, JJ., concur.

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Bluebook (online)

167 So. 3d 524, 2015 Fla. App. LEXIS 10682, 2015 WL 4231730, Counsel Stack Legal Research, https://law.counselstack.com/opinion/monahan-v-bank-of-new-york-mellon-fladistctapp-2015.