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

  1. Visoly v. KLUGER PERETZ KAPLAN & BERLINDistrict Court of Appeal of Florida · 1998