Anson Street, LLC v. Rosado

We reverse the trial court’s order dismissing this mortgage foreclosure action. The court dismissed the action as a sanction, but under the facts of this case, the court abused its discretion. Appellees concede error.

Appellant filed its complaint to foreclose its mortgage on appellees’ property in March 2010. Appellees filed a motion to dismiss the cause of action. No further action in the case occurred, and in August 2011, the court sent a notice of lack of prosecution with a hearing date. However, prior to the hearing date, the court dismissed the action for pleading deficiencies. When the…