Legal Opinion

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

Decided January 7, 2015No. 4D13-3387PublishedCited by 2 opinions

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

  1. Boca Burger, Inc. v. ForumSupreme Court of Florida · 2005
  2. Stark v. FrayerSupreme Court of Florida · 1953
  3. Unrue v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2014

3Cited by2 opinions

  1. FLORIDA WATER & MOLD RESTORATION, LLC a/a/o LINDA MOSES v. AMERICAN INTERGRITY INSURANCE COMPANY OF FLORIDADistrict Court of Appeal of Florida · 2022
  2. Irma A. Barr and Bruce Barr v. BEL Flooring, Inc. D/B/A GC SupplyDistrict Court of Appeal of Florida · 2025

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