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Cutler v. US Bank Nat'l Ass'n

District Court of Appeal of Florida, Second District.
May 19, 2016
210 So. 3d 1278 (Fla. Dist. Ct. App. 2016)

Opinion

No. 2D16–1288.

05-19-2016

Thomas W. CUTLER and Ann Cutler, Appellant/Petitioner(s), v. US BANK NATIONAL ASSOCIATION, Appellee/Respondent(s).


BY ORDER OF THE COURT.

This appeal is dismissed as untimely. Appellant Ann Cutler's first bankruptcy filing, in the Middle District of Florida on February 20, 2015, in case 8:15–bk–01638, occurred well beyond the deadline for filing the notice of appeal of the final judgment of foreclosure rendered on September 9, 2014. As such, the bankruptcy filing did not serve to toll that deadline, or the deadline for a motion for new trial or other postdecretal motion that would toll rendition under Florida Rule of Appellate Procedure 9.020(i). Cf. AmMed Surgical Equip., LLC v. Prof'l Med. Billing Specialists, LLC, 162 So.3d 209 (Fla. 2d DCA 2015).

KELLY, LaROSE, and LUCAS, JJ., Concur.


Summaries of

Cutler v. US Bank Nat'l Ass'n

District Court of Appeal of Florida, Second District.
May 19, 2016
210 So. 3d 1278 (Fla. Dist. Ct. App. 2016)
Case details for

Cutler v. US Bank Nat'l Ass'n

Case Details

Full title:Thomas W. CUTLER and Ann Cutler, Appellant/Petitioner(s), v. US BANK…

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

Date published: May 19, 2016

Citations

210 So. 3d 1278 (Fla. Dist. Ct. App. 2016)