Whitburn, LLC v. Deutsche Bank National Trust Company

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT WHITBURN, LLC as Trustee Only, under the HC 13-1012 Land Trust, ) ) ) Petitioner, ) ) v. ) ) DEUTSCHE BANK NATIONAL TRUST ) COMPANY, as Indenture Trustee for ) American Home Mortgage Investment ) Trust 2005-2; BHEMAUL RAGOOBIR; ) VILMA RAGOOBIR; SOUTH BAY LAKES ) HOMEOWNER'S ASSOCIATION, INC.; ) and UNKNOWN TENANT n/k/a Aisha ) Waller, ) ) Respondents. ) ) Opinion filed January 6, 2016. Petition for Writ of Certiorari to the Circuit Court for Hillsborough County; Raul C. Palomino, Jr., Senior Judge. Heather A. DeGrave of Walters, Levine, Klingensmith & Thomison, P.A., Tampa, for Petitioner. Jeremy W. Harris and David F. Knobel of Morris, Laing, Evans, Brock & Kennedy, Chtd., West Palm Beach; and Morgan L. Weinstein of Van Ness Law Firm, PLC, Deerfield Beach, for Respondent Deutsche Case No. 2D15-503 Bank National Trust Company, as Indenture Trustee for American Home Mortgage Investment Trust 2005-2. No appearance for remaining Respondents. BLACK, Judge. Whitburn, LLC, as trustee only under the HC 13-1012 Land Trust, seeks certiorari review of the trial court's postjudgment order striking its objection to the foreclosure sale in the underlying mortgage foreclosure action. Whitburn, a nonparty to the mortgage foreclosure action, contends that the trial court denied it procedural due process by striking its objection to the foreclosure sale and that the sale abrogated Whitburn's redemption rights. Because the order at issue is final as to Whitburn, we convert this proceeding to an appeal from a final order. We affirm the order striking the objection without further comment. See generally Whitburn, LLC v. Wells Fargo Bank. N.A., Case No. 2D14-5563 (Fla. 2d DCA Dec. 18, 2015). VILLANTI, C.J., and NORTHCUTT, J., Concur. -2-

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