ERROL O. BOOTHE v. U.S. BANK NATIONAL ASSOCIATION , 238 So. 3d 325 ( 2018 )


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  •        DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
    FOURTH DISTRICT
    ERROL O. BOOTHE,
    Appellant,
    v.
    U.S. BANK NATIONAL ASSOCIATION,
    Appellee.
    No. 4D17-3273
    [March 7, 2018]
    Appeal from the Circuit Court for the Seventeenth Judicial Circuit,
    Broward County; Joel T. Lazarus, Judge; L.T. Case No. CACE 12-025009
    (11).
    Catherine A. Riggins, Miami, for appellant.
    Chase A. Berger of Berger Firm, P.A., Miami, for appellee.
    PER CURIAM.
    The Borrower appeals from a September 19, 2017 order denying his
    September 5, 2017 “Emergency Motion to Vacate Sale Entered on
    September 28, 2016, Vacate Certificate of Title and to Stay and Vacate
    Writ of Possession.”
    The trial court lacked jurisdiction to enter the order because the
    borrower’s appeal (4D17-2697) from an earlier motion to vacate writ of
    possession was still pending. See Fla. R. App. P. 9.130(f). We therefore do
    not reach the merits of this appeal and instead quash the September 19
    order as void. See Rivas v. Bank of New York Mellon, 43 Fla. L. Weekly
    D167 (Fla. 4th DCA Jan. 17, 2018) (quashing order denying motion to
    vacate foreclosure judgment as void without reaching merits of the order
    where the order was entered while appeal from foreclosure judgment was
    pending). In so doing we express no comment on the merits of the court’s
    denial of the September 5 motion.
    In light of our disposition, we deny the Bank’s motion to dismiss appeal
    as moot.
    Appellant is reminded that this court has already affirmed the trial
    court’s order denying appellant’s motion to vacate the sale in case number
    4D16-4313.
    Order quashed.
    LEVINE, CONNER and FORST, JJ., concur.
    *        *        *
    Not final until disposition of timely filed motion for rehearing.
    2
    

Document Info

Docket Number: 17-3273

Citation Numbers: 238 So. 3d 325

Filed Date: 3/7/2018

Precedential Status: Precedential

Modified Date: 3/7/2018