NAFH NAT. BANK v. ARISTIZABAL

No. 4D13-83.

117 So.3d 900 (2013)

NAFH NATIONAL BANK, Appellant, v. Jose Fernando ARISTIZABAL, Liliana U. Aristizabal, Bio Plants And Tree Company, a Florida corporation, and High Q Seeds, Corporation, a Florida corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

July 24, 2013.


Attorney(s) appearing for the Case

Vincent E. Damian, Jr. of Salomon, Kanner, Damian & Rodriguez, P.A., Miami, for appellant.

Vanessa Jaleh Bravo of Neustein Law Group, P.A., Miami Beach, for appellees.


GROSS, J.

We reverse an order setting aside a final foreclosure judgment pursuant to Florida Rule of Civil Procedure 1.540(b) because the motion was filed beyond the one-year time limit specified in the rule.

On February 25, 2010, an agreed final judgment of foreclosure was entered pursuant to a settlement agreement between the original lender and the appellees. The settlement agreement called for the appellees to comply with a payment schedule. When the appellees...

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