Star Funding Solutions, LLC v. Krondes, 4D11–3378.
| Decision Date | 21 November 2012 |
| Docket Number | No. 4D11–3378.,4D11–3378. |
| Citation | 101 So.3d 403 |
| Parties | STAR FUNDING SOLUTIONS, LLC, Appellant, v. John J. KRONDES, et. al., Appellee. |
| Court | Florida District Court of Appeals |
OPINION TEXT STARTS HERE
Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Martin County; Sherwood Bauer, Jr., Judge; L.T. Case No. 10–1298–CA.
Jerrold J. Golson of Florida Foreclosure Attorneys, PLLC, Clearwater, for appellant.
John J. Krondes and Florence T. Krondes, Darien, CT, pro se.
Star Funding Solutions, LLC, appeals the trial court's order denying its motion to vacate the order dismissing with prejudice its foreclosure action against John and Florence Krondes, and others. We affirm and write only to address the impact of the dismissal with prejudice on any subsequent act of default of the terms of the mortgage between Star Funding and the Krondes. A new default, based on a different act or date of default not alleged in the dismissed action, creates a new cause of action. Singleton v. Greymar Assocs., 882 So.2d 1004, 1005 (Fla.2004). Thus, the trial court's dismissal with prejudice of Star Funding's first foreclosure action does not preclude Star Funding from instituting a new foreclosure action. Id. at 1006. (“[R]es judicata does not prevent mortgagees from foreclosing on a mortgage in successive foreclosure cases when the alleged dates of default are different.”).
Affirmed.
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Deutsche Bank Trust Co. v. Beauvais, 3D14–575.
...action based on a different act or a new date of default not alleged in the dismissed action"); Star Funding Solutions, LLC v. Krondes, 101 So.3d 403, 403 (Fla. 4th DCA 2012) (citing Singleton as support for the conclusion that dismissal with prejudice of the instant action would have no im......
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Green v. Specialized Loan Servicing LLC, Case No. 6:16–cv–1298–Orl–37KRS
...and the lender's right to bring that cause of action is non-waivable. See Bartram , 211 So.3d at 1018 (citing Star Funding Sols., LLC v. Krondes , 101 So.3d 403 (Fla. 4th DCA 2012) ). Under these circumstances, the Fla. SOL does not reduce the amount owed, it simply requires that lenders "b......
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Bartram v. U.S. Bank Nat'l Ass'n
...on a different act or date of default not alleged in the dismissed action, creates a new cause of action." Star Funding Sols., LLC v. Krondes, 101 So.3d 403 (Fla. 4th DCA 2012). That is because, as the First District has also explained, this Court's "analysis in Singleton recognizes that a ......
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Kaan v. Wells Fargo Bank, N.A., Case No. 13–80828–CIV.
...he failed to prove the earlier alleged default.Id. at 1007–08 (internal citations omitted). See also Star Funding Solutions, LLC v. Krondes, 101 So.3d 403, 403 (Fla.Dist.Ct.App.2012) (“A new default, based on a different act or date of default not alleged in the dismissed action, creates a ......
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Business & commercial cases
...and distinct issue.” Singleton v. Greymar Assoc. , 882 So. 2d 1004, 1007 (Fla. 2004); see also Star Funding Solutions, LLC v. Krondes , 101 So. 3d 403 (Fla. 4th DC 2012) (res judicata does not prevent a mortgagee from instituting a new foreclosure action based on a different act of default ......