Legal Opinion

McColman v. Deutsche Bank National Trust Co.

District Court of Appeal of Florida

Decided May 1, 2013No. 4D12-2188Published

1Opinion of the Court

STONE, BARRY J., Senior Judge.

Defendants (McColmans) appeal a summary final judgment and an order denying rehearing in a mortgage foreclosure. We affirm.

The action was filed in mid-2009. The McColmans filed a motion to dismiss which was denied on May 9, 2011, the court giving the McColmans twenty days to answer. No answer or other paper was served or filed by the McColmans after the May 9 order. In July of 2011, the plaintiff (Bank) moved the court to enter a judicial default, based on the McColmans’ failure to comply with the May 9 order. Seven months later, the Bank also moved for a clerk’s…

2Cases cited6 opinions

  1. Freemon v. Deutsche Bank Trust Co. AmericasDistrict Court of Appeal of Florida · 2010
  2. PENSACOLA BEACH PIER, INC. v. KingDistrict Court of Appeal of Florida · 2011
  3. Dominko v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2012
  4. Goncharuk v. HSBC Mortgage Services, Inc.District Court of Appeal of Florida · 2011
  5. Woodrum v. Wells Fargo Mortgage Bank, N.A.District Court of Appeal of Florida · 2011

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