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PHILLIPS v. CITIBANK, N.A.

No. 2D11-39.

63 So.3d 21 (2011)

Christopher B. PHILLIPS, Petitioner, v. CITIBANK, N.A., Respondent.

District Court of Appeal of Florida, Second District.

Rehearing Denied June 29, 2011.

Attorney(s) appearing for the Case

Matthew D. Weidner , P.A., St. Petersburg, for Petitioner.

B. Elaine New , Court Counsel, Sixth Judicial Circuit, for Respondent J. Thomas McGrady, Chief Judge, Sixth Judicial Circuit.

No appearance for Respondent Citibank, N.A.

CASANUEVA, Chief Judge.

Christopher B. Phillips, the defendant in a foreclosure lawsuit filed by Citibank, N.A., petitions for a writ of prohibition to prevent a judge of the Sixth Judicial Circuit from conducting further proceedings. Mr. Phillips maintains that the trial court is acting in excess of its jurisdiction because the lawsuit against him has been dismissed pursuant to a "master order of dismissal" prepared by the circuit court clerk and issued by the trial...

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