Legal Opinion

Bank of America, N.A. v. Leonard

District Court of Appeal of Florida

Decided November 14, 2016No. 1D16-831Published

1Per curiam

This is an appeal from a final order dismissing appellant’s mortgage foreclosure action without prejudice on the ground that the certification filed with the complaint failed to comply with section 702.015(4), Florida Statutes (2013). See Valcarcel v. Chase Bank USA NA, 54 So.3d 989, 990 (Fla. 4th DCA 2010) (“An order dismissing an action without prejudice and without granting leave to amend is a final appealable order.”). Appellant correctly argues that dismissal was improper because the certification executed by appellant’s counsel complied with the statute. Accordingly, we reverse and…

2Cases cited3 opinions

  1. Valcarcel v. CHASE BANK USA NADistrict Court of Appeal of Florida · 2010
  2. Andrew H. Boros, Pa v. Arnold P. Carter, Md, PaDistrict Court of Appeal of Florida · 1989
  3. Lorraine Campbell and Charles Lamm v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2016

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