PINO v. BANK OF NEW YORK

No. SC11-697.

121 So.3d 23 (2013)

Roman PINO, Petitioner, v. The BANK OF NEW YORK, etc., et al., Respondents.

Supreme Court of Florida.

February 7, 2013.


Attorney(s) appearing for the Case

Amanda L. Lundergan and Thomas E. Ice of Ice Legal, P.A., Royal Palm Beach, FL, for Petitioner.

Craig Ronald Lynd , Curtis Alan Wilson and Robert J. Horst of Kaufman, Englett, and Lynd PLLC, Orlando, FL, for Amici Curiae Kaufman, Englett and Lynd, PLLC.

Katherine Eastmoore Giddings , Nancy Mason Wallace and William Patrick Heller of Akerman Senterfitt, Tallahassee, FL; Bruce S. Rogow and Tara A. Campion of Bruce S. Rogow, P.A., Fort Lauderdale, FL, for Respondents.

Kenneth Bradley Bell of Clark, Partington, Hart, Larry, Bond & Stackhouse, Pensacola, FL, for Amici Curiae Florida Land Title Association.

Mitchell Wayne Berger , Fred Owen Goldberg , and Elaine Johnson James of Berger, Singerman, LLP, Boca Raton, FL, for Amici Curiae Mortgage Bankers Association.


PARIENTE, J.

The issue we address in this case involves an interpretation of the applicable Florida Rules of Civil Procedure governing voluntary dismissals and the extent of the trial court's inherent authority to remedy alleged fraud on the court through the reinstatement of a dismissed lawsuit. Although the context of the issue as presented in this case arises out of a widespread problem associated with fraudulent documentation filed by various financial institutions...

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