Opinion
CASE NO. 1D13-3109
11-06-2013
JAMES HENRY KING III; ET AL., Appellant, v. U. S. BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR JP MORGAN MORTGAGE ACQUISITION TRUST 2006-NC2, ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-NC2, Appellee.
James Henry King III, pro se, Appellant. Kimberly Nolen Hopkins, of Shapiro, Rishman & Gache, LLP, Tampa, for Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED
An appeal from an order of the Circuit Court for Leon County.
Charles A. Francis, Judge.
James Henry King III, pro se, Appellant. Kimberly Nolen Hopkins, of Shapiro, Rishman & Gache, LLP, Tampa, for Appellee. PER CURIAM.
Appellant timely brought this appeal seeking review of an order that granted final judgment of foreclosure and directed that the foreclosure sale shall take place in 120 days. The order did not, however, determine the amount due so as to allow the indebtedness to be cured. See § 45.0315, Fla. Stat. (2010) (providing that the indebtedness may be cured and a foreclosure sale prevented "by paying the amount of moneys specified in the judgment, order, or decree of foreclosure"). Cf. Fla. R. Civ. P. Form 1.996(a) ("Final Judgment of Foreclosure"). Therefore, the order did not complete the judicial labor required of the cause and this appeal is premature. See Caufield v. Cantele, 837 So. 2d 371, 375 (Fla. 2002) (reaffirming the traditional test for finality requiring that "no further action by the court will be necessary"). Accordingly, the appeal is hereby DISMISSED.
This dismissal is without prejudice to appellant's right to bring a timely appeal once the trial court renders a final judgment of foreclosure that includes the amount due. Additionally, because no final order of foreclosure has been entered, the parties are advised that no foreclosure sale shall occur pursuant to the non-final "Order on Plaintiff's Final Judgment of Foreclosure," dated May 29, 2013. WOLF, CLARK, and MARSTILLER, JJ., CONCUR.