Towns v. Homeside Lending, Inc.
This text of 732 So. 2d 515 (Towns v. Homeside Lending, Inc.) 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
In this case, a summary final judgment of foreclosure was entered on July 9, 1998. Before any foreclosure sale was held, appellant moved for leave to file a counterclaim. The trial court denied this motion on August 21, 1998. On September 10, 1998, the trial court entered an agreed order vacating the July 9, 1998 final judgment of foreclosure and dismissing the case. The entire body of the order provided:
That the Judgment entered on JULY 9, 1998 is hereby vacated, the instant action is hereby dismissed and the Clerk of the Court is directed to release the Original Note, Mortgage and Assignments), if any to Plaintiffs Counsel forthwith.
On September 17, 1998, appellant filed a notice of appeal directed at the August 21, 1998 order denying her motion for leave to file a counterclaim.
We dismiss this case for lack of jurisdiction. Appellant is attempting to appeal a non-appealable, non-final order in a case that has been dismissed. Because of the dismissal, there is no final order. This court does not have jurisdiction under Rule 9.030(b)(1), Florida Rules of Appellate Procedure.
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Cite This Page — Counsel Stack
732 So. 2d 515, 1999 Fla. App. LEXIS 7294, 1999 WL 346117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/towns-v-homeside-lending-inc-fladistctapp-1999.