Garno v. Bank of America, N.A.

Appellants appeal the trial court’s order dismissing without prejudice the foreclosure action filed on behalf of their former client Bank of America against Appellees Sunder J. Aswani and Poonam S. Aswsani. The trial court’s ground for dismissal was Appellant Garno’s purported fraud on the court.

We agree with Appellant that she was denied her right to due process, because she was not provided with notice of the hearing leading to the dismissal and the trial court’s findings of fraud on the court. See Dep’t of Children & Families v. W.H., 109 So.3d 1269, 1270 (Fla. 1st DCA 2013) (holding that…