Abukasis v. City First Mortgage Corp.
After a mortgagee voluntarily dismissed its foreclosure claim following a court-approved sale, the defendant/cross-defendant sought prohibition claiming the trial court lost jurisdiction over the remaining crossclaim and enforcement proceedings. The Third District denied the petition on the merits and, on rehearing, reiterated that the trial court plainly retained jurisdiction under Rules 1.170(i) and 1.420(a)(1) over claims it had expressly reserved jurisdiction to adjudicate. The court also admonished counsel for abusive 'emergency' labeling and highlighted its new Administrative Order AO3D26-01.
Key facts
- Mortgagee voluntarily dismissed its foreclosure claim after a court-approved sale, and the trial court retained a pending crossclaim and enforcement proceedings.
- Defendant/cross-defendant petitioned for prohibition in the Third District, arguing the trial court lost jurisdiction over the remaining crossclaim and enforcement proceedings following the mortgagee's voluntary dismissal.
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Why it matters
The opinion is a clear reaffirmation that a voluntary dismissal by the plaintiff does not extinguish a trial court's jurisdiction over crossclaims or matters over which jurisdiction was expressly reserved — useful… — full analysis with a trial
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