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Cuellar v. Fed. Nat'l Mortg. Ass'n

Florida Court of Appeals, Third District
Nov 23, 2022
No. 3D21-1551 (Fla. Dist. Ct. App. Nov. 23, 2022)

Opinion

3D21-1551

11-23-2022

Rosaida Cuellar and Evelio Carmona, Appellants, v. Federal National Mortgage Association, Appellee.

Rosaida Cuellar, in proper person. Atlas | Solomon PLLC, and Adam G. Schwartz (Stuart); McGlinchey Stafford, and William L. Grimsley (Jacksonville), for appellee.


Not final until disposition of timely filed motion for rehearing.

An Appeal from the Circuit Court for Miami-Dade County, Lower Tribunal No. 14-11093 Vivianne Del Rio, Judge.

Rosaida Cuellar, in proper person.

Atlas | Solomon PLLC, and Adam G. Schwartz (Stuart); McGlinchey Stafford, and William L. Grimsley (Jacksonville), for appellee.

Before EMAS, SCALES and GORDO, JJ.

PER CURIAM.

Affirmed. See Handel v. Nevel, 147 So.3d 649, 651 (Fla. 3d DCA 2014) ("We review a trial court's ruling on a rule 1.540(b) motion to vacate for an abuse of discretion, and we will not disturb that ruling unless no reasonable judge would have reached the same decision") (internal citation omitted); Lopez v. Wilmington Tr., N.A., 302 So.3d 953, 955 (Fla. 3d DCA 2020) ("Any matter asserted in [appellants'] rule 1.540(b) motion that was before the trial court prior to the entry of the amended final judgment of foreclosure is improperly raised in a rule 1.540(b) motion. A rule 1.540(b) motion cannot be utilized 'to overcome [a party's] failure to timely challenge the original final judgment.' Baez v. Perez, 201 So.3d 692, 694 (Fla. 4th DCA 2016) (quoting Beal Bank, S.S.B., Inc. v. Sherwin, 829 So.2d 961, 962 (Fla. 4th DCA 2002))").


Summaries of

Cuellar v. Fed. Nat'l Mortg. Ass'n

Florida Court of Appeals, Third District
Nov 23, 2022
No. 3D21-1551 (Fla. Dist. Ct. App. Nov. 23, 2022)
Case details for

Cuellar v. Fed. Nat'l Mortg. Ass'n

Case Details

Full title:Rosaida Cuellar and Evelio Carmona, Appellants, v. Federal National…

Court:Florida Court of Appeals, Third District

Date published: Nov 23, 2022

Citations

No. 3D21-1551 (Fla. Dist. Ct. App. Nov. 23, 2022)