12-30-2010 Release OPINIONS 10-3386 US BANK V. TORRES PCAs

State: Florida

Court: Florida Third District Court

Docket No: 10-3386

Case Date: 12/30/2010

Preview:Third District Court of Appeal
State of Florida, July Term, A.D. 2010
Opinion filed December 30, 2010. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D10-3386 Lower Tribunal No. 09-6680 ________________

U.S. Bank, N.A.,
Appellant, vs.

Adelaine Torres,
Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Jennifer D. Bailey, Judge. Rumberger, Kirk & Caldwell, and Scott M. Sarason and Manu L. Davidson; Suzanne Barto Hill and Joshua R. Brown (Orlando), for appellant. Robert Flavell, for appellee. Before RAMIREZ, C.J., and SUAREZ and EMAS , JJ., PER CURIAM Appellant, U.S. Bank National Association, as trustee for J.P. Morgan Mortgage Acquisition Trust 2006-CH2, Asset Backed Pass-Through Certificates, Series 2006-CH2, moves this Court for entry of an Order staying proceedings

regarding the trial court's December 9, 2010 Order striking U.S. Bank's pleadings, dismissing U.S. Bank's case with prejudice, and requiring the appearance of U.S. Bank and its counsel to surrender the Note on January 3, 2011. Appellee Adelaine Torres cross moves to dismiss U.S. Bank's appeal. We agree with Torres that the appeal is premature and as such, we grant Torres' motion to dismiss U.S. Bank's appeal. In addition, we deny U.S. Bank's motion for stay pending review, with the understanding that once the trial court rules at the hearing on January 3, 2011, U.S. Bank will have the opportunity to appeal the trial court's decision if it chooses to do so and seek a stay from the trial court's order at that point.

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