PHADAEL v. DEUTSCHE BANK TRUST CO. AMERICAS

No. 4D11-905.

83 So.3d 893 (2012)

Jean W. PHADAEL a/k/a Jean Phadael, Appellant, v. DEUTSCHE BANK TRUST COMPANY AMERICAS as Trustee for RALI 2007QS9, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 12, 2012.


Attorney(s) appearing for the Case

Garry W. Johnson and Bruce K. Herman of the 511 Law, P.A., Fort Lauderdale, for appellant.

D. Brian O'Dell , Christian W. Hancock , Ann T. Taylor and Jose D. Vega of Bradley Arant Boult Cummings LLP, Birmingham, AL, for appellee.


TAYLOR, J.

Jean Phadael appeals a non-final order denying his rule 1.540(b) motion to vacate a final judgment of foreclosure. We conclude that because Phadael was defaulted and he failed to defend the action at any point before entry of the final judgment, his claim that Deutsche Bank lacked standing at the inception of the suit is not a ground for setting aside the judgment as "void" under rule 1.540(b)(4). We therefore affirm.

On July 29, 2009, Deutsche...

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