HSBC Bank USA, NA as Trustee, etc. v. Costel Serban

HSBC Bank USA, N.A., as Trustee for Nomura Asset Acceptance Corporation Mortgage Pass-Through Certificates, Series 2005-AR5 (“HSBC Bank”), appeals the denial of its motion for continuance, made at trial, and the trial court’s dismissal of the action without prejudice due to HSBC Bank’s failure to appear at trial with a witness through which evidence might be presented to prove its case. HSBC Bank contends that the trial court erred as a matter of law by convening the trial before the case was “at issue” under rule 1.440(a), Florida Rules of Civil Procedure; abused its discretion by denying…