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Park Avenue Town Center, LLC v. M & I Marshall & Isley Bank

District Court of Appeal of Florida, Fifth District.
Mar 16, 2012
82 So. 3d 208 (Fla. Dist. Ct. App. 2012)

Opinion

No. 5D12–61.

2012-03-16

PARK AVENUE TOWN CENTER, LLC, etc., et al., Petitioners, v. M & I MARSHALL & ISLEY BANK, Respondents.

Petition for Certiorari Review of Order from the Circuit Court for Orange County, Frederick J. Lauten, Judge.Gretchen R.H. Vose, Wade C. Vose and Philip S. Kaprow of Vose Law Firm, LLP, Winter Park, for Petitioners. Andrew M. Brumby and James A. Timko of Shutts & Bowen, LLP, Orlando, for Respondents.


Petition for Certiorari Review of Order from the Circuit Court for Orange County, Frederick J. Lauten, Judge.Gretchen R.H. Vose, Wade C. Vose and Philip S. Kaprow of Vose Law Firm, LLP, Winter Park, for Petitioners. Andrew M. Brumby and James A. Timko of Shutts & Bowen, LLP, Orlando, for Respondents.

We deny the instant petition for writ of certiorari without prejudice to Petitioner's right, should Petitioner so choose, to pursue an amendment to the trial court's December 8, 2011 order, to the extent that the order improperly required Petitioner to make its first payment only eight days after service of the order. See § 702.10(2)(e), Fla. Stat. (2010) (“The order shall be served upon the mortgagor no later than 20 days before the date specified for the first payment.”).

We note that Respondent has conceded this error in the instant proceeding.

PETITION DENIED.

ORFINGER, C.J., COHEN and MONACO, JJ., concur.


Summaries of

Park Avenue Town Center, LLC v. M & I Marshall & Isley Bank

District Court of Appeal of Florida, Fifth District.
Mar 16, 2012
82 So. 3d 208 (Fla. Dist. Ct. App. 2012)
Case details for

Park Avenue Town Center, LLC v. M & I Marshall & Isley Bank

Case Details

Full title:PARK AVENUE TOWN CENTER, LLC, etc., et al., Petitioners, v. M & I MARSHALL…

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

Date published: Mar 16, 2012

Citations

82 So. 3d 208 (Fla. Dist. Ct. App. 2012)