Legal Opinion
Wells Fargo Bank, N.A. v. Bohatka
District Court of Appeal of Florida
Decided April 22, 2013No. 1D11-3356PublishedCited by 17 opinions
1Opinion of the CourtMakar, J.
Wells Fargo Bank, N.A., appeals the dismissal with prejudice of its initial complaint seeking to foreclose the mortgage on property owned by William and Gail Bo-hatka. The bank claims the trial court erred by going beyond the four corners of its complaint. We agree and hold that, although dismissal of the initial complaint was proper, dismissal with prejudice was not. We further hold that the trial court’s sua sponte physical examination of the original of the promissory note at issue was improper and precluded the orderly process by which contested facts are adjudicated. We reverse.
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In its…
2Cases cited12 opinions
- Thompson v. City of JacksonvilleDistrict Court of Appeal of Florida · 1961
- Deutsche Bank National Trust Co. v. LippiDistrict Court of Appeal of Florida · 2012
- WM SPECIALTY MORTG., LLC v. SalomonDistrict Court of Appeal of Florida · 2004
- Hopke v. O'BYRNEDistrict Court of Appeal of Florida · 1963
- Booker v. Sarasota, Inc.District Court of Appeal of Florida · 1998
7 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Anastacia S. Lacombe and Max P. Lacombe v. Deutsche Bank National Trust Company, etc.District Court of Appeal of Florida · 2014
- State v. Beach Blvd Automotive, Inc.District Court of Appeal of Florida · 2014
- Madura v. Bac Home Loans Servicing, LPCourt of Appeals for the Eleventh Circuit · 2014
- Glen Garron, LLC v. BuchwaldDistrict Court of Appeal of Florida · 2017
- Andrew v. Shands at Lake Shore, Inc.District Court of Appeal of Florida · 2013
12 more not listed; retrieve them via the Exa API.