Florida Panel Certifies Question On Scope Of Remand In Foreclosure Appeals

Mealey's (March 4, 2019, 11:35 AM EST) -- LAKELAND, Fla. —A divided Florida appeals panel on rehearing on Feb. 27 reversed a foreclosure judgment and clarified the scope of remand in residential mortgage foreclosure appeals, holding that a court has the discretion to further adjudicate cases that warrant additional review but that the well-established law prohibiting multiple attempts at trial should serve as the default standard when determining the scope of remand, but opted to certify a question on the issue to the Florida Supreme Court (Marlyn Tracey v. Wells Fargo Bank, N.A., No. 2D16-5091, Fla. App., 2nd Dist., 2019 Fla. App. LEXIS 3018)....