PNC Bank, N.A. v. Neal
| Decision Date | 25 October 2013 |
| Docket Number | No. 1D12–2544.,1D12–2544. |
| Parties | PNC BANK, N.A., Appellant, v. Jimmie P. NEAL, Jr., Colleen M. Neal, et al., Appellees. |
| Court | Florida District Court of Appeals |
Stephen T. Maher, Edward J. O'Sheehan, and Anthony R. Yanez of Shutts & Bowen LLP, Miami, for Appellant.
Sharon Delene Regan of Regan and Roark, Attys., Pensacola; Gregory Wilhelm of Law Offices of Martinez & Wilhelm, PA, Gulf Breeze, for Appellee.
PNC Bank, N.A., appeals the circuit court's order granting the Neals motion to dismiss with prejudice PNC Bank's foreclosure action against them. We affirm, but point out that the dismissal with prejudice of PNC Bank's foreclosure action against the Neals does not preclude PNC Bank from instituting a new foreclosure action based on a different act or a new date of default not alleged in the dismissed action. See Star Funding Solutions, LLC v. Krondes, 101 So.3d 403 (Fla. 4th DCA 2012) (citing Singleton v. Greymar Assocs., 882 So.2d 1004, 1005 (Fla.2004) ).
AFFIRMED.
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...payment on the note in a subsequent foreclosure action. " Singleton, 882 So.2d at 1008 (emphasis added); see, e.g., PNC Bank, NA v. Neal, 147 So.3d 32, 32 (Fla. 1st DCA 2013) (stating that "the dismissal with prejudice of PNC Bank's foreclosure action ... does not preclude PNC Bank from ins......
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Bartram v. U.S. Bank Nat'l Ass'n
...it does not bar subsequent actions and acceleration based upon different events of default."Id. Similarly, in PNC Bank, N.A. v. Neal, 147 So.3d 32, 32 (Fla. 1st DCA 2013), the First District held that an initial foreclosure action that sought acceleration and was dismissed with prejudice di......
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Deutsche Bank Trust Co. v. Beauvais, 3D14-575
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