Wells Fargo Bank, N.A. v. Alvarez

Wells Fargo Bank, N.A., appeals from a final order dismissing its residential foreclosure complaint for lack of prosecution. The appellees and homeowners/mortgagors, Roberto Alvarez and Jorge Perez, did not file an answer brief following the issuance of an order to do so or to be precluded from participating in oral argument.

Following our review of the initial brief and the record in this case, we vacate the order of dismissal and remand the case for further proceedings. This result is compelled by the dates of the pertinent pleadings and notice, the text of Florida Rule of Civil Procedure…