Wachovia Mortgage, FSB v. Montes

Wachovia Mortgage, FSB (“Wachovia”) appeals the final judgment entered in favor of the defendants below, Jose R. Montes and Catalina Solano, after its mortgage foreclosure case was involuntarily dismissed at trial. Wachovia argues the trial court erred in involuntarily dismissing the case before Wachovia finished presenting its evidence. We agree, and we reverse and remand for a new trial.

Prior to trial — and as the record clearly indicates — Wachovia filed the original promissory note with the court. At trial, however, the parties discovered that the original note was missing from the court…