This oral argument video is on the case: 3DCA11-2132 – Sandra P Castillo vs Deutsche Bank National Trust Co etc
This is the case that plaintiffs across the state use to argue that homeowners have no right to question any of the interaction between the trusts and any of the other interests in the underlying loans in foreclosure proceedings.
Listen to the questions and pay attention to what the panel asserts as the only real issue…if a bank has an original note, “It’s over!” The bank’s attorney asked for a written opinion…and they got it….an opinion that the bank’s just love. Regrettably, this has become the law applied in courts not just in this state, but across the country.
Now, there is so much more that homeowner’s attorneys should be using in these cases…BUT YOU’VE GOT TO KNOW HOW TO PROCEED WITH THEM!
Appellant, Sandra P. Castillo (“Castillo”), appeals from two separate orders: (1) the trial court’s order denying appellant’s motion for summary judgment; and (2) the trial court’s order granting appellee Deutsche Bank National Trust Company’s motion for summary judgment. For the following reasons we dismiss both appeals for lack of jurisdiction.
With regard to the order denying summary judgment, interlocutory appeals of non-final orders denying motions for summary judgment are not permitted under the rules of appellate procedure. See Fla. R.App. P. 9.130(a)(3); Taggart v. Morgan, 943 So.2d 250 (Fla. 3d DCA 2006).
Additionally, with regard to the order granting summary judgment, the order appealed “is merely authorization for a final judgment. It does not constitute a final judgment, nor is it an order from which an interlocutory appeal could properly lie.” Shupack v. Allstate Ins. Co., 356 So.2d 1298, 1299 (Fla. 3d DCA 1978).
Accordingly, for the reasons stated above, the appeal is dismissed for lack of jurisdiction.
Here is the full written opinion:
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