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Forum Post: Pino v Bank of New York

Posted 10 years ago on Dec. 11, 2011, 5:46 p.m. EST by GirlFriday (17435)
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PER CURIAM. The issue we address is whether Florida Rule of Appellate Procedure 9.350 requires this Court to dismiss a case after we have accepted jurisdiction based on a question certified to be one of great public importance and after the petitioner has filed his initial brief on the merits.1 This narrow question arose after the parties to this action filed a joint Stipulated Dismissal, which advised that they had settled this matter and stipulated to the dismissal of the review proceeding pending before this Court. It cannot be questioned that our well-established precedent authorizes this Court to exercise its discretion to deny the requested dismissal of a review proceeding, even where both parties to the action agree to the dismissal in light of an agreed-upon settlement. The question certified to us by the Fourth District Court of Appeal in this case transcends the individual parties to this action because it has the potential to impact the mortgage foreclosure crisis throughout this state and is one on which Florida's trial courts and litigants need guidance. The legal issue also has implications beyond mortgage foreclosure actions. Because we agree with the Fourth District that this issue is indeed one of great public importance and in need of resolution by this Court, we deny the parties' request to dismiss this proceeding.

Read the rest here: http://www.leagle.com/xmlResult.aspx?xmldoc=In%20FLCO%2020111208222.xml&docbase=CSLWAR3-2007-CURR

Boom!!!! This is awesome.



Read the Rules
[-] 2 points by Marquee (192) 10 years ago

Excellent! More everyday! : )

[-] 2 points by AFarewellToKings (1486) 10 years ago

Sounds great, i think. The court wouldn't let the fraud get swept under the carpet?

"we'll occupy the streets, we'll occupy the courts, we'll occupy the offices of you till you do the bidding of the many not the few" Makana


[-] 1 points by GirlFriday (17435) 10 years ago

Nope, sure wouldn't let 'em. This is twice in one year that the Florida Courts have been nothing short of amazing.