Legal Opinion

U.S. Bank National Ass'n v. Proenza

District Court of Appeal of Florida

Decided January 21, 2015No. 3D14-2102PublishedCited by 6 opinions

1Opinion of the CourtRothenberg, J.

U.S. Bank National Association (“U.S.Bank”) appeals from an order denying its Florida Rule of Civil Procedure 1.540(b)(4) motion for relief from a final order. We reverse and remand with directions.

U.S. Bank filed a foreclosure action against Raul and Julissa Proenza on October 12, 2012. After various filings, the trial court sua sponte entered a final order closing the foreclosure action. Although the foreclosure action had been actively litigated, was at issue, and was ready to proceed to trial, the trial court entered the final order without providing notice to the parties that it might…

2Cases cited2 opinions

  1. Shiver v. WhartonDistrict Court of Appeal of Florida · 2009
  2. State, Department of Revenue ex rel. Prinzee v. ThurmondDistrict Court of Appeal of Florida · 1998

3Cited by6 opinions

  1. De La Osa v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2016
  2. Renovaship, Inc. v. QuatremainDistrict Court of Appeal of Florida · 2016
  3. Bank of America, N.A. v. Michael N. Fogel and Rita FogelDistrict Court of Appeal of Florida · 2016
  4. De La Osa v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2016
  5. De La Osa v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2016

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