- Florida’s Fourth DCA recently reversed (in part) a final judgment (“Judgment”) entered in favor of the mortgagors (“the Saunders”) and against US Bank wherein the circuit court denied foreclosure and, instead of simply dismissing the action, essentially rewrote the terms of the note and mortgage. S. Bank Nat’l Ass’n v. Saunders, No. 4D22-1658, 2023 WL 5598399 (Fla. 4th DCA Aug. 30, 2023).
- US Bank appealed the Judgment and Diaz Anselmo & Associates P.A., handled the appeal. US Bank argued that the trial court granted relief beyond that requested by the Saunders in their pleadings and that the court exceeded its equitable authority by rewriting the parties’ agreement. The Fourth DCA agreed with US Bank on both points.
- The Fourth DCA explained that a trial court cannot rely on its equitable powers to modify unambiguous and undisputed terms of the note and mortgage. The DCA remanded the matter to the lower tribunal to amend its judgment to “simply deny foreclosure.”
Click here to read the full article
