Rodriguez v. The Bank of New York Mellon, Case No. 3D21-1778 (Fla. 3d DCA 2021).
In an eviction action arising out of a contested foreclosure, “neither the ground of fairness nor ‘the “ground” of benevolence andcompassion . . . constitute[s] a lawful, cognizable basis for granting relief toone side to the detriment of the other, and thus cannot support [therequested relief]: no judicial action of any kind can rest on such afoundation.’”Cano, Inc. v. Judet, Case No. 4D20-1509 (Fla. 4th DCA 2021).
A trial court may decide an issue not set forth in the pretrial stipulation when the issue has been previously raised in the pleadings and is argued during trial without objection.Arnold v. Arnold, Case No. 5D20-1498 (Fla. 5th DCA 2021).
Consistent with the principle that a trial court may enforce a judgment on appeal so long as doing so does not disturb the subject matter of the final judgment, a trial court may enforce a declaratory decree and require the return of land wrongfully conveyed while the declaratory judgment is on appeal.Ge v. Swearingen & Associates, Inc.Case No. 5D21-262 (Fla. 5th DCA 2021).
Dismissal of an appeal restores the final judgment to full effectiveness.
