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Ramos v. Deutsche Bank National Trust Co.

Citations: 206 So. 3d 718; 2016 Fla. App. LEXIS 18071Docket: No. 4D14-3981

Court: District Court of Appeal of Florida; December 6, 2016; Florida; State Appellate Court

Narrative Opinion Summary

The Appellants’ motion for rehearing is granted, while the requests for rehearing en banc and for certification to the Florida Supreme Court are denied. The prior opinion in *Ramos v. Deutsche Bank National Trust Company* is withdrawn and replaced with the current opinion. The court reverses the previous decision, referencing *Grosso v. HSBC Bank USA, N.A.* as supporting authority. Judges Taylor, Gross, and Forst concur with the decision. Additionally, Judge Carole Y. Taylor replaces Judge W. Matthew Stevenson following his retirement from the court.

Legal Issues Addressed

Judicial Concurrence

Application: Judges Taylor, Gross, and Forst all agreed with the decision, showing a unified panel in the judgment rendered.

Reasoning: Judges Taylor, Gross, and Forst concur with the decision.

Judicial Replacement

Application: Judge Carole Y. Taylor replaced Judge W. Matthew Stevenson on the panel following his retirement, illustrating procedural adjustments in judicial panels.

Reasoning: Additionally, Judge Carole Y. Taylor replaces Judge W. Matthew Stevenson following his retirement from the court.

Motion for Rehearing

Application: The court granted the appellants' motion for rehearing, indicating that upon review, the court found sufficient grounds to reconsider the case.

Reasoning: The Appellants’ motion for rehearing is granted, while the requests for rehearing en banc and for certification to the Florida Supreme Court are denied.

Reversal of Previous Decision

Application: The court reversed its previous decision, aligning with precedent set in a similar case, thereby illustrating reliance on existing case law for consistency.

Reasoning: The court reverses the previous decision, referencing *Grosso v. HSBC Bank USA, N.A.* as supporting authority.

Withdrawal and Replacement of Prior Opinion

Application: The court withdrew its previous opinion in the case and issued a new one, demonstrating the court's authority to change its decisions upon further review.

Reasoning: The prior opinion in *Ramos v. Deutsche Bank National Trust Company* is withdrawn and replaced with the current opinion.