Ocean Bank v. Garcia-Villalta

Ocean Bank appeals the dismissal of its foreclosure action against Maria E. Garcia-Villalta (“Garcia-Villalta”) without prejudice to refile based on Ocean Bank’s failure to comply with the trial court’s Uniform Order Setting Cause for Non-Jury Trial and Trial Instructions (“Uniform Order”). Because we find that the trial court abused its discretion, we re verse the orders under review and remand for reinstatement of the foreclosure action.

Ocean Bank filed a foreclosure action against Garcia-Villalta in July 2011, but failed to serve her with the complaint either personally or by publication.…