Thomas C. D'Alessandro, Jr. and Bernadette D'Alessandro v. Fidelity Federal Bank & Trust and PNC Bank, National Association
District Court of Appeal of Florida
1Opinion of the CourtMay, J.
Homeowners appeal the dismissal of their complaint to quiet title with prejudice. They argue the trial court erred in dismissing their original complaint with prejudice, without an opportunity to amend.
We agree and reverse.
The homeowners filed' a complaint to quiet title against Fidelity Federal Bank & Trust, now known as PNC Bank, National Association (“the bank”), and attached the mortgages to it. 1 They alleged that although the bank recorded the two mort gages evidencing the bank lent money to them, the bank had no interest in their property because it had failed to prove that it lent the…
2Cases cited3 opinions
- Boca Burger, Inc. v. ForumSupreme Court of Florida · 2005
- Stark v. FrayerSupreme Court of Florida · 1953
- Unrue v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2014
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