Richard W. Balsamo v. Wells Fargo Bank, N.A.

District Court of Appeal of Florida

Richard W. Balsamo v. Wells Fargo Bank, N.A.

174 So. 3d 640, 2015 Fla. App. LEXIS 13800, 2015 WL 5440805

District Court of Appeal of Florida·Decided September 16, 2015·No. 4D14-473·Published

Opinion

PER CURIAM.

As appellee concedes, the trial court erred in denying appellant’s motion to vacate the final judgment pursuant to Florida Rule of Civil Procedure 1.540. The case was removed to federal court, where it was dismissed with prejudice by the federal judge, so the circuit court did not have jurisdiction to enter a final judgment.

Reversed and remanded.

STEVENSON, GROSS and DAMOORGIAN, JJ., concur.

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PER CURIAM.

As appellee concedes, the trial court erred in denying appellant’s motion to vacate the final judgment pursuant to Florida Rule of Civil Procedure 1.540. The case was removed to federal court, where it was dismissed with prejudice by the federal judge, so the circuit court did not have jurisdiction to enter a final judgment.

Reversed and remanded.

STEVENSON, GROSS and DAMOORGIAN, JJ., concur.

Richard W. Balsamo v. Wells Fargo Bank, N.A., 174 So. 3d 640, 2015 Fla. App. LEXIS 13800, 2015 WL 5440805 (Fla. Ct. App. 2015).

Pincite

174 So. 3d 640 (Richard W. Balsamo v. Wells Fargo Bank, N.A.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.