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Case abandonment

Discussion in 'Foreclosure, Repossession, Auctions, Short Sales' started by WilliamSmith, Mar 23, 2017.

  1. WilliamSmith

    WilliamSmith Law Topic Starter Guest

    Jurisdiction:
    Florida
    If someone went through a foreclosure, all the way through trial, and the foreclosing bank abandoned the case after trial that was partially in their favor, could they refile a new case after the court dismissed the case? If the bank did not like the findings from the first case and just let it age out and close, can they essentially ask the court for a new or different judgment?

    Is there case law to support this either way?
     
  2. army judge

    army judge Super Moderator

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    It depends if the case was dismissed with or without prejudice.
     
  3. BillSmith01

    BillSmith01 New Member

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    Without.

    The question is really about the judge giving formal direction for an order and the plaintiff not complying with that, essentially not submitting that order. This was after two days of a full trial and testimony from both the plaintiffs and defense witnesses. It would appear that because the plaintiff was pursuing two different paths, one for foreclosure or one for an equitable lien and after being denied the foreclosure they just went away after being awarded the lien. After many months the court ordered a case management hearing which they did not show for so the case was then closed without prejudice.

    Can you throw away a judgement if you don't like it then refile and ask for a different opinion? Seems like they would've had to file the order and object to there own complaint or the judges ruling??!! Possibly file a reconsideration to get the foreclosure they really wanted.

    It is just weird to win and not file an order.
     
  4. army judge

    army judge Super Moderator

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    I've learned not to second guess the decisions of others.
    Worrying about what I do is burden enough for me.
    That said, the more choices one receives, the more chances one gets, too.
     

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