Herbert Jean v. Bayview Asset Management LLC
CourtDistrict Court of Appeal of Florida
Date FiledOctober 22, 2026
Docket3D2026-0502
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed October 22, 2026.
Not final until disposition of timely filed motion for rehearing.
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No. 3D26-0502
Lower Tribunal No. 19-10064-CA-01
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Herbert Jean,
Appellant,
vs.
Bayview Asset Management LLC, et al.,
Appellees.
An Appeal from the Circuit Court for Miami-Dade County, Mavel Ruiz,
Judge.
Herbert Jean, in proper person.
Reed Smith LLP, and Daniel Alvarez Sox, for appellees.
Before MILLER, LOBREE and GOODEN, JJ.
PER CURIAM.
Affirmed. See Jean v. Bayview Loan Servicing, LLC, 352 So. 3d 908,
909 (Fla. 3d DCA 2022); Fla. Dep’t of Transp. v. Juliano, 801 So. 2d 101,
106 (Fla. 2001) (“Under the law of the case doctrine, a trial court is bound to
follow prior rulings of the appellate court as long as the facts on which such
decision are based continue to be the facts of the case.”); § 682.12, Fla. Stat.
(2024) (“After a party to an arbitration proceeding receives notice of an
award, the party may make a motion to the court for an order confirming the
award at which time the court shall issue a confirming order unless the award
is modified or corrected pursuant to s. 682.10 or s. 682.14 or is vacated
pursuant to s. 682.13.”); Martinez v. Ring-Cent., Inc., 392 So. 3d 569, 572
(Fla. 4th DCA 2024) (“The language of section 682.12 is mandatory—the
court must confirm the arbitration award unless a motion to vacate or modify
has been filed within ninety days of delivery of the award.” (quoting SEIU Fla.
Pub. Servs. Union, CTW, CLC (FPSU) v. City of Boynton Beach, 89 So. 3d
960, 961 (Fla. 4th DCA 2012))); Cleveland v. Crown Fin., LLC, 212 So. 3d
1065, 1069 (Fla. 1st DCA 2017) (“Relief from judgment based on newly
discovered evidence claim should be seldom granted and only when the
party seeking relief has exercised due diligence.” (quoting Hooks v.
Quaintance, 71 So. 3d 908, 911 (Fla. 1st DCA 2011))).
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