Legal Opinion

Schaffer v. First Bank

District Court of Appeal of Florida

Decided October 26, 2011No. 4D11-3406Published

1Per curiam

Martin and Linda Schaffer petition for a writ of certiorari seeking to quash the Palm Beach circuit court’s August 18, 2011, order granting the bank’s motion to reopen this foreclosure case following a dismissal for lack of prosecution. See Fla. R. Civ. P. 1.420(e) (providing a procedure for dismissal for “Failure to Prosecute”). We deny the petition.

The foreclosure case was administratively dismissed on April 7, 2011. The bank moved to reinstate on May 26, 2011. In the motion, the bank’s attorney explained that he had filed a Notice of Change of Firm Name and Address on May 1, 2009. Despite…

2Cases cited5 opinions

  1. In Re Amendments to Fl. Rules of Civ. Proc.Supreme Court of Florida · 2005
  2. Wilds v. PermenterDistrict Court of Appeal of Florida · 1969
  3. In re Florida Rules of Civil ProcedureSupreme Court of Florida · 1968
  4. Swait v. SwaitDistrict Court of Appeal of Florida · 2007
  5. Bernard v. RoseDistrict Court of Appeal of Florida · 2011

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