David Ryan v. The Bank of New York Mellon Trust Company, N.A., Etc.

Summary

The Florida Third District Court of Appeal affirmed the trial court in an appeal involving a foreclosure judgment and a prior order vacating that judgment. Relying on Bank of America, N.A. v. Abpaymar, LLC, the court held that the finality of the prior order precluded revisiting its procedural validity.

Holdings

1. The trial court lacked authority to relitigate and nullify the prior order after the matter had been adjudicated with finality; the judgment under review was therefore affirmed.

Questions Presented

1. Whether the trial court had authority to revisit and nullify a prior final order affecting a foreclosure judgment and the ownership or possession of the original note and mortgage.

Disposition

affirmed