Owen Williams and Maureen Williams v. U.S. Bank National Association

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT

OWEN WILLIAMS and MAUREEN WILLIAMS,
Appellants,

v.

U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE RMAC
TRUST, SERIES 2016-CTT, YASMIN POTTINGER, SILVERLAKES
COMMUNITY ASSOCIATION, INC., MARINA POINTE RECREATION
ASSOCIATION, INC., UNITED GUARANTY RESIDENTIAL INSURANCE
COMPANY OF NORTH CAROLINA, and BEV. A THOMPSON-INGLETON
a/k/a BEVERLY A. THOMPSON-INGELTON,
Appellees.

No. 4D2025-0150

[June 3, 2026]

Appeal from the Circuit Court for the Seventeenth Judicial Circuit,
Broward County; Gary Michael Farmer, Jr., Judge; L.T. Case No.
062022CA015767AXXXCE.

Ian Ricardo Aird of Law Office of Ian Aird, P.A., Pembroke Pines, for
appellants.

Richard Slaughter McIver and Joseph Gerard Paggi, III of Kass Shuler,
P.A., Tampa, for appellee U.S. Bank National Association as Trustee for
the RMAC Trust, Series 2016-CTT.

PER CURIAM.

Appellants challenge the trial court’s entry of the amended final
judgment of foreclosure in favor of appellees, as well as a separate order
denying appellants’ renewed Florida Rule of Civil Procedure 1.540(b)
motion to vacate final judgment of foreclosure. We affirm the amended
final judgment of foreclosure and dismiss the appeal of the order denying
appellants’ renewed rule 1.540(b) motion. The appeal of the order denying
appellants’ renewed rule 1.540(b) motion is not timely; therefore, we lack
jurisdiction to consider that appeal. See Fletcher-Johnson v. Johnson, 423
So. 3d 420, 421 (Fla. 4th DCA 2025) (“An order denying a motion to vacate
is separate from the final judgment and is appealable separately.”); Ortiz
v. U.S. Bank Tr. Nat’l Ass’n, 393 So. 3d 264, 266 (Fla. 2d DCA 2024)
(“Because [Appellant] did not appeal the final judgment or the order
denying his first motion to vacate within thirty days of their rendition, we
dismiss the untimely appeal of the final judgment and the order for lack
of jurisdiction.”).

Affirmed in part, dismissed in part.

GROSS, MAY and KLINGENSMITH, JJ., concur.

* * *

Not final until disposition of timely-filed motion for rehearing.

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