FLORIDIAN COMMUNITY BANK, INC. v. BLOOM

No. 4D09-3195.

25 So.3d 43 (2009)

FLORIDIAN COMMUNITY BANK, INC., Petitioner, v. Howard BLOOM, Diane Bloom, and Ashley Barrett Bloom, Respondents.

District Court of Appeal of Florida, Fourth District.

December 2, 2009.


Attorney(s) appearing for the Case

Frank C. Simone and Craig B. Sherman of Sherman Law Offices, Chartered, Fort Lauderdale, for petitioner.

James T. Ferrara of Shraiberg, Ferrara & Landau, P.A., Boca Raton, for respondents.


POLEN, J.

Floridian Community Bank, Inc. (FCB) filed a petition for writ of prohibition challenging the Broward Circuit Court's subject matter jurisdiction to proceed with a pending lawsuit seeking to rescind mortgage documents and to enforce a document modifying mortgage documents. We grant the petition.

In December 2006, respondents, Howard Bloom, Diane Bloom, and Ashley Barrett Bloom, obtained loans from FCB in the sum of $750,000. As collateral, they gave...

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