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FLAGSTAR BANK, F.S.B. v. CLEVELAND

No. 4D10-4194.

87 So.3d 63 (2012)

FLAGSTAR BANK, F.S.B., Appellant, v. Darcy Caravalho CLEVELAND a/k/a Darcy L. Caravalho; Unknown Spouse of Darcy Caravalho Cleveland a/k/a Darcy L. Caravalho; Riverside National Bank of Florida; Unknown Tenant # 1; and Unknown Tenant # 2, Appellees.

District Court of Appeal of Florida, Fourth District.

April 18, 2012.

Attorney(s) appearing for the Case

Debra Rescigno and Areeb Naseer of Robertson, Anschutz & Schneid, P.L., Boca Raton, for appellant.

Matthew F. Lupardo of Matthew F. Lupardo, P.A., Royal Palm Beach, for appellee Darcy Caravalho Cleveland a/k/a Darcy L. Caravalho.

CIKLIN, J.

Flagstar Bank, F.S.B. ("Flagstar") appeals the trial court's order setting aside a foreclosure sale and final judgment of foreclosure. We reverse because the trial court was without jurisdiction to rule on the mortgagor's motion which attempted to relitigate matters which a predecessor judge had already decided four months earlier.

On December 2, 2008, Flagstar filed a complaint against Darcy Caravalho Cleveland a/k/a Darcy L. Caravalho ("Caravalho...

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