Federal National Mortgage Ass'n v. Wild
District Court of Appeal of Florida
1Opinion of the CourtSalter, J.
Federal National Mortgage Association (“FNMA”) appeals an order dismissing FNMA’s foreclosure complaint for noncompliance with an order setting trial. FNMA also appeals the order denying rehearing of that order. Although the initial order stated that the dismissal was “without prejudice,” it is clear from this record that the dismissal was ordered as a sanction and that FNMA’S right to pursue its claims required the filing of a new case. Under those circumstances, the orders were appealable. Al-Hakim v. Big Lots Stores, Inc., 161 So.3d 568, 39 Fla. L. Weekly D2262 (Fla. 2d DCA Oct. 29, 2014).
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2Cases cited4 opinions
- Applegate v. Barnett Bank of TallahasseeSupreme Court of Florida · 1979
- Kozel v. OstendorfSupreme Court of Florida · 1994
- Al-Hakim v. Big Lots Stores, Inc.District Court of Appeal of Florida · 2014
- Dave's Aluminum Siding, Inc. v. C & M VENTURESDistrict Court of Appeal of Florida · 1991
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