green
Positive treatment
8.8 score
Top citers, strongest first. 3 distinct citers.
discussed
Cited as authority (rule)
Nationstar Mortgage v. Roque
Florida courts have consistently held that section 45.0315 affords the trial court authority to set a time in the final judgment by which the mortgagor must exercise their right of redemption or forfeit that right.1 See Emanuel, 655 So. 2d at 1 “In 1993, the legislature enacted Florida Statutes section 45.0315, codifying the mortgagor's right of redemption and specifying that the mortgagor may cure the indebtedness and prevent a foreclosure sale at ‘any time before the later of the filing of a certificate of sale by the clerk of the court or the time specified in the judgment, order, or de…
discussed
Cited as authority (rule)
Eduartez v. Federal National Mortgage Assoc.
At the hearing, the parties presented the trial court with two competing district court of appeal opinions regarding when the sixty-day period commences for a junior lienholder to file a claim for surplus proceeds: (i) Straub v. Wells Fargo Bank, N.A., 182 So. 3d 878, 881 (Fla. 4th DCA 2016) (holding that the sixty-day period commences when the clerk issues and files the Certificate of Title), and (ii) Bank of N.Y.
cited
Cited as authority (rule)
Bank of New York Mellon v. Glenville
In support, it cites Straub v. Wells Fargo Bank, N.A., 182 So.3d 878, 881 (Fla. 4th DCA 2016), which was published prior to the filing of the bank’s initial brief.
STATE of Florida, Appellant,
v.
Mariano J. VILCHEZ, Appellee
v.
Mariano J. VILCHEZ, Appellee
4D14-3302.
District Court of Appeal of Florida, Fourth District.
Jan 6, 2016.
Pamela Jo Bondi, Attorney General, Tallahassee, and Richard Valuntas,' Assistant Attorney General, West Palm Beach, for appellant., No brief filed for appellee.
Ciklin, Taylor, Levine.
Published
We reverse the county court’s order finding the mandatory- $5,000 civil penalty imposed for solicitation of prostitution under section 796.07(6), Florida Statutes (2014), to be unconstitutionally excessive. See State v. Jones, No. 4D14-3019, 2015 WL 7752702 (Fla. 4th DCA Dec. 2, 2015). We remand for the trial court to impose the statutorily mandated $5,000 civil penalty. See State v. Delgado, 717 So.2d 1053, 1053 (Fla. 4th DCA 1998) (“It is well settled that statutorily mandated fines must be imposed absent a stipulation by the state, which did not occur here.”).
Reversed and remanded.