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SANDRA TRUJILLO NORTH and PHILIP DOUGLAS NORTH v. WELLS FARGO BANK, N.A.

Citation: Not availableDocket: 16-1960

Court: District Court of Appeal of Florida; October 11, 2017; Florida; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Sandra Trujillo North and Philip Douglas North appealed a decision from the Circuit Court for the Fifteenth Judicial Circuit in Palm Beach County, presided over by Judge Peter D. Blanc, in case number 2012CA00912XXXMB. The appeal was against Wells Fargo Bank, N.A. The Fourth District Court of Appeal of Florida, on October 11, 2017, affirmed the lower court's ruling, citing the precedent set in Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla. 1979). The judges on the panel—DAMOORGIAN, CONNER, and FORST—concurred with the decision. The ruling is not final until any timely filed motion for rehearing is resolved.

Legal Issues Addressed

Affirmation of Lower Court Rulings

Application: The appellate court affirmed the decision of the Circuit Court for the Fifteenth Judicial Circuit, indicating that the lower court's ruling was upheld without changes.

Reasoning: The Fourth District Court of Appeal of Florida, on October 11, 2017, affirmed the lower court's ruling.

Finality of Appellate Rulings

Application: The ruling is not considered final until the resolution of any motions for rehearing, indicating that parties have the opportunity to contest the decision before it becomes conclusive.

Reasoning: The ruling is not final until any timely filed motion for rehearing is resolved.

Judicial Concurrence in Appellate Decisions

Application: All judges on the appellate panel concurred with the decision, reflecting unanimous agreement among the judges regarding the affirmation of the lower court's decision.

Reasoning: The judges on the panel—DAMOORGIAN, CONNER, and FORST—concurred with the decision.

Precedential Authority in Appellate Decisions

Application: The appellate court based its affirmation on the existing legal precedent established in a prior case, demonstrating reliance on established case law.

Reasoning: The Fourth District Court of Appeal of Florida, on October 11, 2017, affirmed the lower court's ruling, citing the precedent set in Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla. 1979).