Quamina v. Deutsche Bank National Trust Co.
This text of 132 So. 3d 259 (Quamina v. Deutsche Bank National Trust Co.) 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
A property owner appeals an order denying her motion to dismiss a foreclosure complaint. She argues the court erred in denying the motion because the bank failed to timely file a non-resident cost bond, the bank’s attorney impermissibly acted as a surety, and the bank’s attorney committed fraud on the court. The property owner concedes the order is non-final. We treat this appeal as a petition for writ of certiorari because the order is non-final, and not reviewable under Florida Rule of Appellate Procedure 9.130. See Williams v. Oken, 62 So.3d 1129, 1134 (Fla.2011).
We deny the petition for writ of certio-rari. The property owner has neither shown a departure from the essential requirements of law nor an irreparable injury. See Nader v. Fla. Dep’t of Highway Safety & Motor Vehicles, 87 So.3d 712, 721-22 (Fla.2012) (quoting Martin-Johnson, Inc. v. Savage, 509 So.2d 1097, 1099 (Fla.1987)).
Petition denied.
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Cite This Page — Counsel Stack
132 So. 3d 259, 2013 WL 6081867, 2013 Fla. App. LEXIS 18431, Counsel Stack Legal Research, https://law.counselstack.com/opinion/quamina-v-deutsche-bank-national-trust-co-fladistctapp-2013.