Legal Opinion

Bank of America, N.A. v. Vidal

District Court of Appeal of Florida

Decided November 18, 2015No. 3D14-1008Published

1Per curiam

Bank of America, N.A. appeals an order denying its motion to vacate a voluntary dismissal of its foreclosure complaint against Manuel and Suzanne Vidal. Upon our review of the record below, it is apparent that the trial court concluded it was without jurisdiction to consider the motion. This was an erroneous conclusion, and we therefore reverse and, remand.1 See Wells Fargo Bank, NA v. Haecherl, 56 So.3d 892 (Fla. 4th DCA 2011). We express no opinion on the legal sufficiency or the merits of the motion to vacate.

Reversed and remanded for proceedings consistent with this opinion.. We review de…

2Cases cited2 opinions

  1. SOUTHERN BAPTIST HOSP. OF FLORIDA v. WelkerSupreme Court of Florida · 2005
  2. Wells Fargo Bank, NA v. HaecherlDistrict Court of Appeal of Florida · 2011

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