Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
ROSAIDA CUELLAR v. FEDERAL NATIONAL MORTGAGE ASSOCIATION
Citation: Not availableDocket: 21-1551
Court: District Court of Appeal of Florida; November 22, 2022; Florida; State Appellate Court
Original Court Document: View Document
The Third District Court of Appeal of Florida issued an opinion on November 23, 2022, affirming the lower court's decision in case No. 3D21-1551, involving appellants Rosaida Cuellar and Evelio Carmona against the Federal National Mortgage Association. The appeal stemmed from the Circuit Court for Miami-Dade County, presided over by Judge Vivianne Del Rio. The court reviewed the trial court's ruling regarding a rule 1.540(b) motion to vacate, applying an abuse of discretion standard. It emphasized that the ruling would not be disturbed unless no reasonable judge would have arrived at the same conclusion. The court noted that matters raised in the appellants' rule 1.540(b) motion that were previously before the trial court prior to the amended final judgment of foreclosure were improperly asserted. The court clarified that a rule 1.540(b) motion cannot be used to address a party's failure to timely challenge an original final judgment, citing relevant case law to support this position. The decision was rendered per curiam by Judges EMAS, SCALES, and GORDO.