James L. Robison v. Citibank, N. A.
CourtDistrict Court of Appeal of Florida
Date FiledJanuary 22, 2020
Docket2D18-4959
StatusPublished
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Full Opinion
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
JAMES L. ROBISON, )
)
Appellant, )
)
v. ) Case No. 2D18-4959
)
CITIBANK, N.A., as successor trustee )
to US BANK NATIONAL )
ASSOCIATION, as trustee under the )
Pooling and Servicing Agreement dated )
as of July 1, 2007 Master Adjustable )
Rate Mortgages Trust 2007-HF2- )
Mortgage Pass Through Certificates, )
Series 2007-HF2, and UNITED )
STATES OF AMERICA, )
)
Appellees. )
)
Opinion filed January 22, 2020.
Appeal pursuant to Fla. R. App. P.
9.130 from the Circuit Court for
Sarasota County; Andrea McHugh,
Judge.
James L. Robison, pro se.
Anthony R. Yanez and Nicole R. Topper
of Blank Rome LLP, Fort Lauderdale, for
Appellee Citibank, N.A., as successor
trustee to US Bank National
Association, as trustee under the
Pooling and Servicing Agreement dated
as of July 1, 2007 Master Adjustable
Rate Mortgages Trust 2007-HF2-
Mortgage Pass Through Certificates,
Series 2007-HF2.
No appearance for Appellee United
States of America.
PER CURIAM.
We dismiss for lack of jurisdiction that portion of the appeal challenging
the trial court's October 29, 2018, dismissal of James L. Robison's emergency motion to
stay foreclosure sale. See Greene v. Cal. Fed. Bank, 658 So. 2d 1027, 1028 (Fla. 4th
DCA 1995) (holding review of order denying motion to stay in foreclosure action was not
available by nonfinal appeal because an order denying a stay is not an enumerated
order appealable under Florida Rule of Appellate Procedure 9.130(a)(3)). We affirm
without comment the remaining issues raised on appeal.
Affirmed in part and dismissed in part.
BLACK, BADALAMENTI, and SMITH, JJ., Concur.
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