BRANT v. METROPOLITAN LIFE INS. CO.

No. 4D20-1207.

303 So.3d 969 (2020)

Barry M. BRANT, AS TRUSTEE OF The OKEECHOBEE CC-1 LAND TRUST U/I/D 3/10/04, Barry M. Brant, as trustee of The Okeechobee CC-II Land Trust U/I/D 3/17/05, Barry M. Brant, as trustee of The Okeechobee CC III Land Trust U/I/D 3/23/05, Diaz Landscaping & Nursery, Inc., a Florida corporation, Lakeshore Properties of South Florida, LLC, a Florida limited liability company, Okeechobee Farm Lands, Inc., a Florida corporation, Manuel Diaz Farms, Inc., a Florida corporation, Manuel C. Diaz, an individual, and Barbara Diaz, an individual, Petitioners, v. METROPOLITAN LIFE INSURANCE COMPANY and Mlic Asset Holdings, LLC, Respondents.

District Court of Appeal of Florida, Fourth District.

September 16, 2020.


Attorney(s) appearing for the Case

Javier A. Lopez and Stephanie M. Gomez , Kozyak Tropin & Throckmorton, LLP, Miami, for petitioners.

Sylvia H. Walbolt and Dean A. Morande , Carlton Fields, P.A., West Palm Beach, for respondents.


The borrowers petition for a writ of prohibition, seeking to prevent a Martin County-based circuit court from foreclosing upon a mortgage encumbering real property in Okeechobee County. The borrowers argue that under the "local action rule," providing that "[a] proceeding in rem or in the nature of a proceeding in rem should be brought...

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