Legal Opinion
Timeus v. Wells Fargo Bank, N.A.
District Court of Appeal of Florida
Decided November 27, 2013No. 3D13-1462Published
1Per curiam
We reverse the final judgment of foreclosure in this case on the basis that the earlier entered default was improper. See Visoly v. Kluger, Peretz, Kaplan & Berlin, 707 So.2d 427, 428 (Fla. 3d DCA 1998) (concluding, when a default is based on failure to follow a court order, the court must find the failure to comply was “deliberate and in contumacious disregard of the court’s authority”).
Reversed and remanded for further proceedings.
2Cases cited1 opinion
- Visoly v. KLUGER PERETZ KAPLAN & BERLINDistrict Court of Appeal of Florida · 1998