From Casetext: Smarter Legal Research

Allen v. Nationstar Mortg., LLC

District Court of Appeal of Florida, Fourth District.
Nov 9, 2016
203 So. 3d 206 (Fla. Dist. Ct. App. 2016)

Opinion

No. 4D16–2822.

11-09-2016

Juanita ALLEN and Lorenzo Allen, Appellants, v. NATIONSTAR MORTGAGE, LLC, Appellee.

Juanita Allen and Lorenzo Allen, Parkland, pro se. Nancy M. Wallace and Michael J. Larson of Akerman LLP, Tallahassee, and William P. Heller of Akerman LLP, Fort Lauderdale, for appellee.


Juanita Allen and Lorenzo Allen, Parkland, pro se.

Nancy M. Wallace and Michael J. Larson of Akerman LLP, Tallahassee, and William P. Heller of Akerman LLP, Fort Lauderdale, for appellee.

CONFESSION OF ERROR

PER CURIAM.

Upon consideration of the record and the appellee's confession of error, the trial court's entry of the order directing the clerk to enter certificate of title below while the federal action was pending is reversed. See Remova Pool Fence Co. v. Roth, 647 So.2d 1022, 1024 (Fla. 4th DCA 1994) ("After removal, the jurisdiction of the state court ceases until the case is remanded to state court, and any state court proceedings on the case after removal but prior to remand are void ab initio.").

The cause is remanded for further proceedings with directions to the trial court to vacate the order granting the motion to direct the clerk to issue a certificate of title, and to vacate the certificate of title issued therefrom. A new certificate of title shall be issued by the clerk upon direction from the trial court after ensuring that there was compliance with all necessary requirements.

Reversed and Remanded.

CONNER, FORST and KLINGENSMITH, JJ., concur.


Summaries of

Allen v. Nationstar Mortg., LLC

District Court of Appeal of Florida, Fourth District.
Nov 9, 2016
203 So. 3d 206 (Fla. Dist. Ct. App. 2016)
Case details for

Allen v. Nationstar Mortg., LLC

Case Details

Full title:Juanita ALLEN and Lorenzo Allen, Appellants, v. NATIONSTAR MORTGAGE, LLC…

Court:District Court of Appeal of Florida, Fourth District.

Date published: Nov 9, 2016

Citations

203 So. 3d 206 (Fla. Dist. Ct. App. 2016)