Effraim Milce and Valcina Milce v. Wells Fargo Bank, N.A.

We affirm the final judgment of foreclosure and write to address one issue— whether the trial court erred by proceeding to trial instead of staying the action pursuant to Florida Rule of Civil Procedure 1.420(d). We hold that even though the bank had voluntarily dismissed the first foreclosure action, the homeowner was not entitled to a stay of the second action because there was no order liquidating the amount of costs to which the homeowners were entitled.

The bank filed a foreclosure action against the homeowners in 2009. In 2013, the bank voluntarily dismissed the action. In June 2013, the…