The Bank of New York Mellon v. Abadia
In a foreclosure case, the trial court denied the Trustee's motion to dismiss the borrower's counterclaim, which the Trustee argued was barred by the litigation privilege. The Third District held that denial of a motion to dismiss on litigation privilege grounds constitutes irreparable harm as a matter of law, granted certiorari, quashed the order, and remanded for dismissal of the counterclaim.
Why it matters
The opinion confirms that Florida's absolute litigation privilege functions as an immunity from suit whose erroneous denial is reviewable by certiorari — a point practitioners can invoke to obtain immediate… — full analysis with a trial
🔒 Read the full opinion, holding & search the library
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision are available to members. Start a free 30-day trial — no credit card.
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.