Pino v. Bank of New York – Supreme Court Retains Jurisdiction Over Matters of Public Importance

The mortgage foreclosure cases continue to produce a flood of civil procedure decisions. The latest comes from an appeal to the Florida Supreme Court. At issue in the case is whether a foreclosing bank, BNY Mellon, can be sanctioned for filing an allegedly fraudulent assignment of mortgage. That question was on appeal to the Fourth DCA and then certified as a question of great public importance. The Florida Supreme Court accepted jurisdiction per Art. V, Section 3(b)(4) of the Florida Constitution.

After Pino filed his Inital Brief with the Florida Supreme Court, but before an Answer Brief was filed, the parties reached a settlement and filed a Joint Stipulated Dismissal per Fla. R. App. P. 9.350. The Florida Supreme Court determind that, since the matter was of great public importance, it had the discretion to retain jurisdiction over the case. The Court therefore denied the parties leave to dismiss the case until after the Court issued its opinion.

Pino v. Bank of New York, 36 Fla. L. Wkly s711 (Fla. Dec. 8, 2011).