Whitney Nat'l Bank v. Golf Strategies, LLC, 125 So. 3d 985 (Fla. 4th DCA 2013). · Go Syfert
Whitney Nat'l Bank v. Golf Strategies, LLC, 125 So. 3d 985 (Fla. 4th DCA 2013). Cases Citing This Book View Copy Cite
5 citation events (5 in the last 25 years) across 1 distinct court.
Strongest positive: DANIEL MEDINA v. STATE OF FLORIDA (fladistctapp, 2018-09-05)
Top citers, strongest first. 3 distinct citers.
cited Cited as authority (rule) DANIEL MEDINA v. STATE OF FLORIDA
Fla. Dist. Ct. App. · 2018 · confidence medium
“We review 4 evidentiary rulings under the standard of abuse of discretion, which is limited by the rules of evidence.” Martinez v. State, 125 So. 3d 985, 988 (Fla. 4th DCA 2013).
discussed Cited as authority (rule) Daniel Lenz v. State of Florida
Fla. Dist. Ct. App. · 2016 · confidence medium
In Martinez v. State, 125 So.3d 985, 989-90 (Fla. 4th DCA 2013), this Court referred to the unyielding foundation the framers of our Constitution laid protecting the selection of legal counsel in criminal proceedings.
cited Cited "see" Orton v. State
Fla. Dist. Ct. App. · 2017 · signal: see · confidence high
See Martinez, 125 So.3d at 989 (citing section 90.401, Florida Statutes, when describing the merits of the relevance objection).
WHITNEY NATIONAL BANK
v.
GOLF STRATEGIES, LLC, a Florida limited liability company John C. Greer, an individual Tracy J. Harris, Jr., an individual Henry C. Hardin, III, an individual Jacob H. Hardin, an individual John E. Hardin, an individual Bing Charles W. Kearney, Jr., an individual Donald E. Phillips, an individual Todd R. Taylor, an individual and W. Douglas White, an individual
No. 2D12-2951.
District Court of Appeal of Florida, Fourth District.
Jun 21, 2013.
125 So. 3d 985
Sylvia H. Walbolt and Christine Davis Graves of Carlton Fields, P.A., Tampa, for Appellant., Steven L. Brannock and Tracy S. Carlin of Brannock & Humphries, Tampa, for Appellees John C. Greer; Tracy J. Harris, Jr.; Henry C. Hardin, III; Jacob H. Hardin; John E. Hardin; Bing Charles W. Kearney, Jr.; Donald E. Phillips; and Todd R. Taylor., No appearance for remaining Appellees.
Altenbernd, Gallen, Larose, Thomas.
Published
ALTENBERND, Judge.

Whitney National Bank appeals an amended final judgment entered in an action brought against various guarantors of a promissory note that was secured by a mortgage. The borrower, The Golf Club at Bridgewater, LLC, is not a party to this action and has a proceeding pending in the bankruptcy court of the Middle District of Florida. Whitney does not argue that the trial court erred in the “ordered and adjudged” section of the final judgment.

Whitney correctly observes that the trial court lacked jurisdiction over the property owned by The Golf Club at Bridgewater, LLC, and that the case did not involve a foreclosure against the property. Nevertheless, a portion of the final judgment discussing an affirmative defense of unclean hands, which was raised by some of the guarantors, concludes with the following two sentences: “As such, the Court finds the unclean hands doctrine applicable. Whitney is estopped from foreclosing on an accelerated basis.”

If we correctly understand the proceedings in the bankruptcy court, Whitney has already taken possession of the land and a foreclosure will be unnecessary. Nevertheless, to avoid any possible confusion, on remand we order the trial court to strike from the amended final judgment the sentence: “Whitney is estopped from foreclosing on an accelerated basis.”

Affirmed with instructions.

LAROSE, J., and GALLEN, THOMAS M., Associate Senior Judge, Concur.