May 10, 2012
Roman Pino v. Bank of New York
Case Number(s):
SC11-697

Transcript:

Summary:

After The Bank of New York Mellon began foreclosure proceeding on Mr. Pino's home, Mr. Pino alleged the bank had filed fraudulent documents in that proceeding. The bank voluntarily dismissed the foreclosure proceeding and filed a new foreclosure case five months later. Mr. Pino asked the trial court to strike the bank's voluntary dismissal of the first case, arguing such a move was not permitted as a way to avoid fraud allegations. The trial court denied his motion. The Fourth District Court of Appeal upheld that ruling. The 4th DCA also asked this Court to rule on the trial court's power in such a situation.