Jacaranda, LLC v. Green Tree Servicing, LLC

3 Citing cases

  1. KB Home Fort Myers LLC v. Taishan Gypsum Co.

    336 So. 3d 841 (Fla. Dist. Ct. App. 2022)

    Accordingly, this court reversed denial of the Bank's motion to vacate the default and resultant final judgment, holding that Lloyd was required to notify the Bank's counsel before applying for entry of the default. Id. at 643 ; accordJacaranda, LLC v. Green Tree Servicing, LLC , 203 So. 3d 964, 965–66 (Fla. 2d DCA 2016). Similarly, in Makes & Models , the parties initiated parallel lawsuits over the same subject matter (a dispute over a magazine printing contract); while both parties were "actively participating" in the first case, the printing company obtained a clerk's default against the magazine company in the second case.

  2. Kaye v. Bank of N.Y. Mellon

    CASE NO. 8:21-cv-469-WFJ-TGW (M.D. Fla. Apr. 13, 2021)   Cited 1 times

    Mitchell v. Brown & Williamson Tobacco Corp., 294 F.3d 1309, 1316 (11th Cir. 2002). The clerk's default and court's final default judgment fail, first, under the doctrine of Jacaranda, LLC v. Green Tree Servicing, LLC., 203 So. 3d 964, 966 (Fla. 2d DCA 2016). The Kayes and their lawyer Mr. Segal were litigating for several years with the same bank over the same land, in the same courthouse, with a similar cause of action in No. 12-004470-CI (Sixth Judicial Circuit - Pinellas).

  3. Robles v. Fed. Nat'l Mortg. Ass'n

    255 So. 3d 986 (Fla. Dist. Ct. App. 2018)   Cited 8 times
    Noting that a notice of appearance constitutes "any paper" requiring notice prior to the entry of a default but stating that it is not a "responsive pleading"

    STANDARD OF REVIEW The parties agree that the question of whether a judgment is void is reviewed de novo . Infante v. Vantage Plus Corp., 27 So.3d 678, 680 (Fla. 3d DCA 2009). Foreclosure judgments based on an order of default are reviewed for an abuse of discretion. Jacaranda, LLC v. Green Tree Servicing, LLC, 203 So.3d 964, 965 (Fla. 2d DCA 2016).The appellants contend that because they filed a motion for an extension of time, they were entitled to a hearing prior to the entry of a default.