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

U.S. Bank appeals the trial court’s dismissal without prejudice of the foreclosure action in this matter. The dismissal is effectively a dismissal with prejudice as U.S. Bank is now time-barred from refiling. Based on the facts presented, we reverse. The administrative memorandum that served as the basis for this dismissal only permits sanctions after multiple deficiencies and does not support dismissal after a single deficiency, as was the case here. For that reason, the lower court improperly dismissed U.S. Bank’s case and we reverse.

The Eleventh Circuit issued an administrative memorandum…