Luz E. Diaz v. Bayview Loan Servicing, LLC

Third District Court of Appeal State of Florida Opinion filed March 25, 2020. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D19-900 Lower Tribunal No. 17-20880 ________________ Luz E. Diaz, Appellant, vs. Bayview Loan Servicing, LLC, Appellee. An Appeal from the Circuit Court for Miami-Dade County, Jacqueline Hogan Scola, Judge. Luz E. Diaz, in proper person. Nelson Mullins Broad and Cassel, and Gary M. Freedman and Kimberly J. Freedman, for appellee. Before EMAS, C.J., and LOGUE and GORDO, JJ. PER CURIAM.  Affirmed. Georges v. Ins. Technicians, Inc., 486 So. 2d 700, 701 (Fla. 4th DCA 1986) (“Since the trial court was without jurisdiction to grant the motion during the pendency of an appeal, denial was appropriate.”); Glatstein v. City of Miami, 391 So. 2d 297, 298 (Fla. 3d DCA 1980) (affirming the denial of a Rule 1.540(b) motion where the trial court lacked jurisdiction to entertain it due to a pending appeal); see also Dade Cty. Sch. Bd. v. Radio Station WQBA, 731 So. 2d 638, 645 (Fla. 1999) (holding that an appellate court “is not limited to consideration of the reasons given by the trial court but rather must affirm the judgment if it is legally correct regardless of those reasons”). 2