HSBC Bank USA v. Cook

The order on appeal in this case dismisses, without prejudice, the mortgage foreclosure action HSBC Bank'USA (“HSBC*) filed against Elmer Cook, II (“Cook”) on February 8, 2010. HSBC asks us to reverse the order, arguing that the trial court failed. to consider the factors set forth in Kozel v. Ostendorf, 629 So.2d 817 (Fla.1993). We affirm .because HSBC has failed to provide this court with a transcript of the hearing during which the trial court • considered -whether there were grounds for dismissal. As reflected in the order on appeal, HSBC “failed to present any .evidence or to have a…