text:
    Joseph FARRELL, Appellant/Petitioner(s), v. Gordon FLACH, Appellee/Respondent(s).
    CASE NO.: 2D19-0834
    District Court of Appeal of Florida, Second District.
    May 16, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


source: Caselaw Access Project

license: Public Domain

text:
    Joseph Edwin POWELL, III and Mercedes Powell, Appellant/Petitioner(s), v. WELLS FARGO BANK, N. A., Appellee/Respondent(s).
    CASE NO.: 2D18-2218
    District Court of Appeal of Florida, Second District.
    April 24, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    David A. DE COSTER, Appellant/Petitioner(s), v. The BANK OF NEW YORK MELLON f/kia the Bank of New York, Appellee/Respondent(s).
    CASE NO.:2D18-0571
    District Court of Appeal of Florida, Second District.
    April 03, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Pamela MELIA, Appellant/Petitioner(s), v. The BANK OF NEW YORK MELLON, Appellee/Respondent(s).
    CASE NO.: 2D17-0688
    District Court of Appeal of Florida, Second District.
    April 3, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Yogendra S. DHANIK, et al, Appellant/Petitioner(s), v. WELLS FARGO BANK, N.A., et al, Appellee/Respondent(s).
    CASE NO.: 2D18-4644
    District Court of Appeal of Florida, Second District.
    May 16, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    E. P., Appellant/Petitioner(s), v. DEPT. OF CHILDREN & FAMILIES, Appellee/Respondent(s).
    CASE NO.: 2D19-0152
    District Court of Appeal of Florida, Second District.
    May 16, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Richard A. ARZILLO, Appellant/Petitioner(s), v. The SCHOOL BOARD OF POLK COUNTY, Florida, Appellee/Respondent(s).
    CASE NO.: 2D18-1627
    District Court of Appeal of Florida, Second District.
    April 23, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    The BANK OF NEW YORK MELLON, as Trustee, Appellant/Petitioner(s), v. GOSSAMER WING, LLC, et al, Appellee/Respondent(s).
    CASE NO.: 2D18-2646
    District Court of Appeal of Florida, Second District.
    March 12, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Mandamus is dismissed.


text:
    Calvin EVERETT, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-3274
    District Court of Appeal of Florida, Second District.
    Opinion filed March 20, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    David GAPHOOR, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-3498
    District Court of Appeal of Florida, Second District.
    Opinion filed March 20, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Matthew LOVETT, Appellant, v. STATE of Florida, Appellee.
    No. 4D17-3777
    District Court of Appeal of Florida, Fourth District.
    [February 21, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Kelvin Keith WILSON, Appellant, v. STATE of Florida, Appellee.
    No. 4D17-1877
    District Court of Appeal of Florida, Fourth District.
    [January 31, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Jeffrey WHITTMORE, Appellant, v. STATE of Florida, Appellee.
    No. 4D18-2383
    District Court of Appeal of Florida, Fourth District.
    [March 28, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Lynn M. SCHREIBER and Christine Schreiber, Appellants, v. ARIUM JENSEN BEACH, LLC, and Carroll Management Group, LLC, Appellees.
    No. 4D18-1616
    District Court of Appeal of Florida, Fourth District.
    [March 28, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Jeremy Neil KLECKNER, Appellant, v. STATE of Florida, Appellee.
    No. 4D17-3231
    District Court of Appeal of Florida, Fourth District.
    [March 21, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Calvin David FOX, Appellant, v. DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES DIVISION OF LICENSING, Appellee.
    No. 4D18-1383
    District Court of Appeal of Florida, Fourth District.
    [March 14, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Krista A. KRIEBEL, Appellant, v. STATE of Florida, Appellee.
    No. 4D18-1234
    District Court of Appeal of Florida, Fourth District.
    [April 11, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Carlene RENY, Petitioner for The Estate of Anne E. Birch, Appellant, v. State of Florida, DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF RETIREMENT, Appellee.
    No. 4D18-1332
    District Court of Appeal of Florida, Fourth District.
    [April 11, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Brigita R. DENAPOLI, Appellant, v. Richard L. DENAPOLI, Appellee.
    No. 4D18-2544
    District Court of Appeal of Florida, Fourth District.
    [April 4, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    William Francis GORDON, Appellant, v. STATE of Florida, Appellee.
    No. 4D18-2607
    District Court of Appeal of Florida, Fourth District.
    [April 4, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Jamaal DESROSIERS, Appellant, v. STATE of Florida, Appellee.
    No. 4D18-1429
    District Court of Appeal of Florida, Fourth District.
    [April 18, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Seth GOODMAN, Appellant, v. STATE of Florida, Appellee.
    No. 4D18-2604
    District Court of Appeal of Florida, Fourth District.
    [April 18, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Mark Anthony GRIFFITHS, Appellant, v. STATE of Florida, Appellee.
    No. 4D18-0984
    District Court of Appeal of Florida, Fourth District.
    [April 18, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Patricia WILLIAMS, Appellant, v. STATE of Florida, Appellee.
    No. 4D18-1901
    District Court of Appeal of Florida, Fourth District.
    [April 18, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Mitchell Ray HATFIELD, Appellant, v. STATE of Florida, Appellee.
    No. 4D18-2199
    District Court of Appeal of Florida, Fourth District.
    [April 18, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Jose HERNANDEZ, Appellant, v. STATE of Florida, Appellee.
    No. 4D17-3832
    District Court of Appeal of Florida, Fourth District.
    [April 18, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Marvin Eugene PACE, Appellant, v. STATE of Florida, Appellee.
    No. 4D18-1344
    District Court of Appeal of Florida, Fourth District.
    [April 18, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Jarvis Jamar MACK, Appellant, v. STATE of Florida, Appellee.
    No. 4D18-2180
    District Court of Appeal of Florida, Fourth District.
    [April 18, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Kayan E. SMITH, Appellant, v. STATE of Florida, Appellee.
    No. 4D18-1235
    District Court of Appeal of Florida, Fourth District.
    [April 25, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    RESTORATION 1 OF the TREASURE COAST, INC., a/a/o Christianne Calero, Appellant, v. FIDELITY FIRE & CASUALTY COMPANY d/b/a Frontline Homeowners Insurance, Appellee.
    No. 4D18-1925
    District Court of Appeal of Florida, Fourth District.
    [April 25, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Daniel Edward CHURCHILL, Appellant, v. STATE of Florida, Appellee.
    No. 4D18-1676
    District Court of Appeal of Florida, Fourth District.
    [April 25, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Emmanuel CLARK, Appellant, v. STATE of Florida, Appellee.
    No. 4D18-1563
    District Court of Appeal of Florida, Fourth District.
    [April 25, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Scott WATSON, Appellant, v. STATE of Florida, Appellee.
    No. 4D18-2588
    District Court of Appeal of Florida, Fourth District.
    [May 2, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Marce CHARLES, Appellant, v. STATE of Florida, Appellee.
    No. 4D17-3872
    District Court of Appeal of Florida, Fourth District.
    [May 2, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Dwayne DYER, Appellant, v. STATE of Florida, Appellee.
    No. 4D18-1059
    District Court of Appeal of Florida, Fourth District.
    [May 2, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    STATE of Florida, Appellant, v. Jeremy Lawrence WHITFIELD, Appellee.
    No. 4D18-2469
    District Court of Appeal of Florida, Fourth District.
    [April 25, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    BOCA BEND, LLC, Appellant, v. Leonard MERZEL, Boca Bend Homeowners Association, Inc., and A&W Property Management, Inc., Appellees.
    No. 4D18-1508
    District Court of Appeal of Florida, Fourth District.
    [May 2, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Antonio DAVIS, Appellant, v. STATE of Florida, Appellee.
    No. 4D18-1615
    District Court of Appeal of Florida, Fourth District.
    [May 2, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Lajwhan D. WILLIAMS, Appellant, v. STATE of Florida, Appellee.
    No. 4D18-1622
    District Court of Appeal of Florida, Fourth District.
    [May 2, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Elizabeth B. LOWE, Appellant, v. U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CSMC MORTGAGE-BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-5, Appellee.
    No. 4D18-1670
    District Court of Appeal of Florida, Fourth District.
    [May 2, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Leonard KORETS, Appellant, v. STATE of Florida, Appellee.
    No. 4D18-1755
    District Court of Appeal of Florida, Fourth District.
    [May 2, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Wilson A. PORTER, Appellant, v. STATE of Florida, Appellee.
    No. 4D18-2381
    District Court of Appeal of Florida, Fourth District.
    [May 2, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Fernando SAMUDIO, Appellant, v. Glenn PEARSON, Appellee.
    No. 4D18-2480
    District Court of Appeal of Florida, Fourth District.
    [May 2, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Richard Edward ACQUAOTTA, Appellant, v. STATE of Florida, Appellee.
    No. 4D18-2529
    District Court of Appeal of Florida, Fourth District.
    [May 2, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Richard KELLEY and Universal Property & Casualty Insurance Company, Appellants, v. Wallace MCKENNA, Appellee.
    No. 4D18-771
    District Court of Appeal of Florida, Fourth District.
    [May 9, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Glenn BLACKLEDGE, Appellant, v. STATE of Florida, Appellee.
    No. 4D18-1750
    District Court of Appeal of Florida, Fourth District.
    [May 9, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Steven ARNOLD, Appellant, v. STATE of Florida, Appellee.
    No. 4D18-2652
    District Court of Appeal of Florida, Fourth District.
    [May 2, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Tor SKRODER, Appellant, v. Guillermo TEJADA and Gustavo Lorenzo, Appellees.
    No. 4D18-2680
    District Court of Appeal of Florida, Fourth District.
    [May 2, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Cynthia J. VENTURA, Appellant, v. U.S. BANK NATIONAL ASSOCIATION, as trustee successor in interest to Wachovia Bank, N.A., as trustee for Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2004-2, Appellee.
    No. 4D17-3236
    District Court of Appeal of Florida, Fourth District.
    [May 15, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Eric C. CHRISTU, as Personal Representative of the Estate of Simon C. Fireman, and Eric C. Christu and Kenneth Meewes, as Co-Trustees of the Simon C. Fireman 2005 Revocable Trust, Appellants, v. Stephanie PIZZOLA, Appellee.
    Nos. 4D18-1591 4D18-3028
    District Court of Appeal of Florida, Fourth District.
    [May 9, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Michael RENAUD, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-4113
    District Court of Appeal of Florida, Fifth District.
    Decision filed March 12, 2019 Rehearing Denied April 02, 2019 Rehearing Denied April 29, 2019
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Rodney HURD, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D19-383
    District Court of Appeal of Florida, Fifth District.
    Decision filed March 26, 2019 Rehearing Denied April 30, 2019
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Krishna SWAMY, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D19-304
    District Court of Appeal of Florida, Fifth District.
    Decision filed March 26, 2019 Rehearing Denied May 02, 2019
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    LE ROYAL, LLC f/k/a Le Royal, Inc., Adil R. Elias, Aida A. Elias, Gardens at Millenia Boulevard, LLC, MaryQueen, LLC, Pierre's Resort, LC, Le Royal International Development, LLC, et al., Appellants, v. FAIRWINDS CREDIT UNION, Appellee.
    Case No. 5D18-1107
    District Court of Appeal of Florida, Fifth District.
    Decision filed March 26, 2019 Rehearing Denied May 02, 2019
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Christian RODRIGUEZ, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-2609
    District Court of Appeal of Florida, Fifth District.
    Decision filed March 26, 2019 Rehearing Denied April 26, 2019
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Jesse Keith WIGGINS, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D19-542
    District Court of Appeal of Florida, Fifth District.
    Decision filed April 23, 2019
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Gregory HUNTER, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D19-432
    District Court of Appeal of Florida, Fifth District.
    Decision filed April 23, 2019
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Dazhan KING, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D19-368
    District Court of Appeal of Florida, Fifth District.
    Decision filed April 23, 2019
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Horace MCKINNEY, Jr., Appellant, v. STATE of Florida, Appellee.
    Case No. 5D19-34
    District Court of Appeal of Florida, Fifth District.
    Decision filed April 23, 2019
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Jennifer PORTERFIELD-COOPER, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D18-3839
    District Court of Appeal of Florida, Fifth District.
    Decision filed April 23, 2019
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    M.J., a Child, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D18-3425
    District Court of Appeal of Florida, Fifth District.
    Decision filed April 23, 2019
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Leticia Michelle ROBINSON, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D18-3252
    District Court of Appeal of Florida, Fifth District.
    Decision filed April 23, 2019
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Wilton Oliver WHITTER, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D18-3055
    District Court of Appeal of Florida, Fifth District.
    Decision filed April 23, 2019
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    B.E.E., a Child, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D18-2664
    District Court of Appeal of Florida, Fifth District.
    Decision filed April 23, 2019
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Nathaniel STEPHENSON, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D18-2479
    District Court of Appeal of Florida, Fifth District.
    Decision filed April 23, 2019
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    David WILSON, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D18-1461
    District Court of Appeal of Florida, Fifth District.
    Decision filed April 23, 2019
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Cuevas MONTGOMERY, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D18-749
    District Court of Appeal of Florida, Fifth District.
    Decision filed April 23, 2019
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Diane GLADUE, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D18-271
    District Court of Appeal of Florida, Fifth District.
    Decision filed April 23, 2019
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Ria Nyla FRANCIS, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D18-131
    District Court of Appeal of Florida, Fifth District.
    Decision filed April 23, 2019
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Anthony GUGLIELMINI, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-4032
    District Court of Appeal of Florida, Fifth District.
    Decision filed April 23, 2019
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Kelvin Keon EPPS, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-3442
    District Court of Appeal of Florida, Fifth District.
    Decision filed April 23, 2019
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Thomas A. THOMAS, Jr., Appellant, v. FLORIDA POWER CORPORATION d/b/a Progress Energy Florida, Inc., Appellee.
    Case No. 5D17-2554
    District Court of Appeal of Florida, Fifth District.
    Decision filed April 30, 2019
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    V.A., Father of D.A.V., V.A., F.A. and M.A., Children, Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.
    Case No. 5D19-132
    District Court of Appeal of Florida, Fifth District.
    Decision filed April 29, 2019
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Don CIOETA, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-1680
    District Court of Appeal of Florida, Fifth District.
    Decision filed April 23, 2019
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Robert D. ABRAMS, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D18-3844
    District Court of Appeal of Florida, Fifth District.
    Decision filed April 23, 2019
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Kerry ESSER, Jr., Appellant, v. Jessica L. ESSER, Appellee.
    Case No. 5D18-2454
    District Court of Appeal of Florida, Fifth District.
    Decision filed April 30, 2019
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Natasha SAVAGE, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and Darwin Savage, Appellees.
    Case No. 5D18-167
    District Court of Appeal of Florida, Fifth District.
    Decision filed April 30, 2019
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    D.T., Mother of I.R. and S.F., Children, Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.
    Case No. 5D19-148
    District Court of Appeal of Florida, Fifth District.
    Decision filed April 30, 2019
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Deano S. ESPOSITA, Appellant, v. WILMINGTON SAVINGS FUND SOCIETY, FSB and Jay Lovett, as Trustee for the Overland Capital Trust, Appellees.
    Case No. 5D18-1235
    District Court of Appeal of Florida, Fifth District.
    Decision filed April 30, 2019
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Ahmad SAIDI, Appellant, v. Hatem SAQR, Appellee.
    Case No. 5D18-359
    District Court of Appeal of Florida, Fifth District.
    Decision filed April 30, 2019
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Glenda TORRES PEREZ, Appellant, v. SEA WORLD OF FLORIDA, LLC, Appellee.
    Case No. 5D18-130
    District Court of Appeal of Florida, Fifth District.
    Decision filed April 30, 2019
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Linda STAPINSKI, Appellant, v. Joshua STAPINSKI, Appellee.
    Case No. 5D17-3958
    District Court of Appeal of Florida, Fifth District.
    Decision filed April 30, 2019
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


author: Klingensmith, J.

text:
    Karla RODRIGUEZ, Appellant, v. WILMINGTON SAVINGS FUND SOCIETY, FSB, AS TRUSTEE FOR STANWICH MORTGAGE LOAN TRUST A, Appellee.
    No. 4D18-310
    District Court of Appeal of Florida, Fourth District.
    [December 12, 2018]
    Charmaine J. Comprosky of The Law Office of Charmaine J. Comprosky, PA, Pompano Beach, for appellant.
    Christian J. Gendreau of Storey Law Group, PA, Orlando, for appellee.
   Klingensmith, J.

2010-3 SFR Venture, LLC ("Venture") sought to foreclose on a mortgage entered into by Karla Rodriguez ("Borrower"). After a voluntary dismissal by a substituted plaintiff, Borrower filed a motion for prevailing party attorney's fees. Her motion was denied due to the fact that she challenged Venture's standing throughout the lawsuit. Borrower claims that the trial court erred in denying her motion for attorney's fees because the issue of standing was never resolved by the court on the merits. We agree.

In response to Venture's foreclosure complaint, Borrower asserted several affirmative defenses, including lack of standing. Venture later moved to substitute Wilmington Savings Fund ("WSF") as the plaintiff. After the trial court granted substitution, WSF filed a notice of voluntary dismissal. In response, Borrower moved for, and was granted, entitlement to prevailing party attorney's fees and costs pursuant to the loan documents and section 57.105(7), Florida Statutes (2008).

WSF moved for reconsideration. At the hearing on the motion, WSF argued Borrower was precluded from recovering attorney's fees and costs based on the note and mortgage after taking the position that Venture-the previous plaintiff-lacked standing to sue under the same note and mortgage. The trial court entered an order granting WSF's motion for reconsideration, struck the previous order granting Borrower's entitlement to attorney's fees and costs, and entered an order denying Borrower's motion. This appeal followed.

"Because it concerns a question of law, we review de novo a trial court's final judgment determining entitlement to attorney's fees based on a fee provision in the mortgage and the application of section 57.105(7)." Bank of New York Mellon Tr. Co., N.A. v. Fitzgerald , 215 So.3d 116, 118 (Fla. 3d DCA 2017).

On appeal, Borrower claims that despite raising the affirmative defense and arguing that Venture and WSF lacked standing below, both she and WSF were equally entitled to enforce the note and mortgage. Borrower alleges that she became the prevailing party for purposes of an award of prevailing party fees under section 57.105(7) when WSF voluntarily dismissed the action.

In opposition, WSF relies on Nationstar Mortg. LLC v. Glass , 219 So.3d 896, 899 (Fla. 4th DCA 2017), review granted , Glass v. Nationstar Mortg. , LLC , 2018 WL 2069328 (Fla. Feb. 13, 2018), which held, "A party that prevails on its argument that dismissal is required because the plaintiff lacked standing to sue upon the contract cannot recover fees based upon a provision in that same contract."

"In general, when a plaintiff voluntarily dismisses an action, the defendant is the prevailing party." Thornber v. City of Walton Beach , 568 So.2d 914, 919 (Fla. 1990). "However, there is a difference between prevailing on the merits on a standing issue and an undifferentiated voluntary dismissal of a lawsuit prior to any merits determination." Wells Fargo Bank, N.A. v. Elkind , 254 So.3d 1153, 1154 (Fla. 4th DCA 2018).

WSF contends that the trial court resolved-on the merits-the issue of standing after Borrower filed requests for admissions seeking that Venture admit or otherwise respond to two requests related to standing. Venture failed to timely respond to the request for admissions; thus, they were deemed technically admitted. See Fla. R. Civ. P. 1.370(a). Such admissions are "conclusively established unless the court on motion permits withdrawal or amendment of the admission." Fla. R. Civ. P. 1.370(b) ; see Poag v. Nationstar Mortg., LLC , 198 So.3d 1002, 1004 (Fla. 1st DCA 2016). Here, the court denied Venture's request to withdraw the technical admissions; as such, those matters were conclusively established as facts. See id.

Our courts have held that such "conclusively established" admissions do not equate to determinations "on the merits." See Wells Fargo Bank, N.A. v. Voorhees , 194 So.3d 448, 451 (Fla. 2d DCA 2016) (there is a "strong preference that genuinely disputed claims be decided upon their merits rather than technical rules of default." (quoting PennyMac Corp. v. Labeau , 180 So.3d 1216, 1219 (Fla. 3d DCA 2015) ) ).

WSF's voluntary dismissal rendered Glass inapplicable because the parties never litigated the merits of Venture's or WSF's standing below, and the trial court never made a finding that the Borrower was not a party to the note or mortgage. See Elkind , 254 So.3d at 1154. The trial court also never made an explicit finding as to which of the issues raised by Borrower's affirmative defenses or requests for admissions were dispositive. Until the trial court resolves a given issue on the merits, litigants are permitted to take alternative, even conflicting, positions on disputed issues. See Fla. R. Civ. P. 1.110(g). Consequently, the fact that certain unanswered admissions became established facts in the underlying suit does not equate to a legal determination regarding Venture's standing to bring this foreclosure action or WSF's ability to maintain it. See Voorhees , 194 So.3d at 451. Because WSF voluntarily dismissed the action, Borrower did not prevail on the merits in her argument that the lender lacked standing to sue on the contract. See Elkind , 254 So.3d at 1154.

Therefore, Borrower is not precluded from recovering fees based on a provision in the contract and section 57.105(7). Cf. Glass , 219 So.3d at 899. Accordingly, we reverse the order denying Borrower's motion for attorney's fees, remand for the trial court to grant the award of attorney's fees to Borrower, and order the trial court to determine the reasonableness of the amounts sought. As we did in Elkind , we decline to address the issue of whether Borrower's victory on the attorney's fees issue here means she is collaterally estopped from raising standing in a future foreclosure brought on the same mortgage and note.

Reversed and remanded .

May and Levine JJ., concur.

      Section 57.105(7)"transforms any such unilateral contractual attorney's fee provision into a reciprocal obligation whereby the prevailing party is entitled to recover reasonable fees and costs." HFC Collection Ctr., Inc. v. Alexander , 190 So.3d 1114, 1116 (Fla. 5th DCA 2016).


author: Per Curiam.

text:
    John S. CAMMALLERI, Appellant, v. STATE of Florida, Appellee.
    No. 4D16-3518
    District Court of Appeal of Florida, Fourth District.
    [January 23, 2019]
    Michael Ufferman of Michael Ufferman Law Firm, P.A., Tallahassee, for appellant.
    Ashley B. Moody, Attorney General, Tallahassee, and Georgina Jimenez-Orosa, Senior Assistant Attorney General, West Palm Beach, for appellee.
    ON MOTION FOR REHEARING
   Per Curiam.

We grant appellant's motion for rehearing as it pertains to the final judgment imposing civil lien and affirm appellant's conviction and sentence in all respects. We vacate our prior opinion and substitute the following.

After appellant was convicted and sentenced for one count of sexual battery on a child under 12, the trial court entered a final judgment imposing civil lien, which stated:

THIS MATTER having come before the Court on September 30, 2016 pursuant to Florida Statute Section 960.293(2)(b) and finding that the Defendant has been convicted of an offense other than a capital or life felony and that damages are assessed at $50 per day of incarceration, it is hereby ORDERED AND ADJUDGED that Indian River County (Sheriff) shall recover from the Defendant damages of $49,500.00 , and State of Florida (DOC) shall recover from the Defendant damages of $200,500.00 which shall bear interest at the statutory rate pursuant to Section 55.03, Florida Statutes, for all of which let execution issue.

(Emphasis added). Thereafter, appellant filed a motion pursuant to Florida Rule of Criminal Procedure 3.800(b)(2), asserting that the final judgment imposing civil lien should be amended to (1) correctly reflect that the conviction was for a capital or life felony, rather than an offense other than a capital or life felony, and (2) remove the $50 per day of incarceration language.

Because the trial court did not rule on the motion within the sixty-day time period, appellant moved for rehearing on the pending rule 3.800(b) motion pursuant to Florida Rule of Criminal Procedure 3.800(b)(1)(B). Forty-two days after the motion for rehearing was filed, the trial court ordered an expedited responsive pleading on the rule 3.800(b)(2) motion. In response, the state conceded the judgment should be amended to correctly reflect that appellant was convicted of a capital felony and that $250,000 be assessed as liquidated damages for the cost of incarceration. The trial court granted appellant's rule 3.800(b) motion and amended the first paragraph of the final judgment to state:

THIS MATTER having come before the Court on September 30, 2016 pursuant to Florida Statute Section 960.293(2)(b) and finding that the Defendant has been convicted of a capital or felony offense, and that damages are assessed as follows.

Although appellant acknowledges on appeal that the trial court granted the rule 3.800(b) motion and entered an amended final judgment with the aforementioned changes, he notes that the order was rendered after the expiration of the applicable time periods set forth in rule 3.800(b).

" Florida Rule of Criminal Procedure 3.800(b) expressly provides that the trial court must rule on a motion to correct sentencing error within sixty days of filing or the motion is deemed denied." Wilson v. State , 846 So.2d 1201, 1203 (Fla. 4th DCA 2003) (citing Fla. R. Crim. P. 3.800(b). "Once the sixty days has passed with no action on the motion, the trial court's jurisdiction ends." Id. Rule 3.800(b)(2)(B) further provides that the trial court must rule on a timely motion for rehearing within 40 days from the date of the order of which rehearing is sought or the motion is deemed denied.

In this case, the trial court did not rule on the rule 3.800(b) motion within 60 days, nor did it rule on the motion for rehearing within 40 days. Accordingly, the trial court lacked jurisdiction to grant the 3.800(b) motion and the subsequent amended final judgment is deemed a nullity.

We therefore remand for entry of a corrected, amended final judgment imposing civil lien in accordance with this opinion.

Affirmed in part, reversed in part, and remanded .

Gross, May, JJ., and Caracuzzo, Cheryl, Associate Judge, concur.

      According to the trial court, the motion was e-filed, but "never served and/or provided to the court."