Barbara Quamina v. Deutsche Bank National Trust Company

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2013 BARBARA QUAMINA, Appellant, v. DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee of the Residential Asset Securitization Trust 2006-A8, Mortgage Pass-Through Certificates, Series 2006-H under the Pooling and Servicing Agreement dated June 1, 2006, Appellee. No. 4D13-1517 [November 20, 2013] PER CURIAM. A property owner appeals an order denying her motion to dismiss a foreclosure complaint. She argues the court erred in denying the motion because the bank failed to timely file a non-resident cost bond, the bank s attorney impermissibly acted as a surety, and the bank s attorney committed fraud on the court. The property owner concedes the order is non-final. We treat this appeal as a petition for writ of certiorari because the order is non-final, and not reviewable under Florida Rule of Appellate Procedure 9.130. See Williams v. Oken, 62 So. 3d 1129, 1134 (Fla. 2011). We deny the petition for writ of certiorari. The property owner has neither shown a departure from the essential requirements of law nor an irreparable injury. See Nader v. Fla. Dep t of Highway Safety & Motor Vehicles, 87 So. 3d 712, 721 22 (Fla. 2012) (quoting Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097, 1099 (Fla. 1987)). Petition denied. GROSS, MAY and CIKLIN, JJ., concur. * * * Appeal of a non-final order from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Joel T. Lazarus, Judge; L.T. Case No. 0609CA031116 (11). Barbara Quamina, Pembroke Pines, pro se. S. Douglas Knox and Lindsay M. Saxe of Quarles & Brady LLP, Tampa, for appellee. Not final until disposition of timely filed motion for rehearing. 2

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