Legal Opinion
Wells Fargo Bank, N.A. v. Chatham
District Court of Appeal of Florida
Decided June 5, 2013No. 1D12-2774PublishedCited by 5 opinions
1Opinion of the CourtWetherell, J.
Wells Fargo Bank, N.A., appeals the dismissal of this foreclosure case because of its failure to cure a deficiency in the complaint by the deadline set by the trial court. We agree with Wells Fargo that, under the circumstances, the trial court abused its discretion in dismissing this case. Accordingly, we reverse the dismissal order and remand for further proceedings.
I
On February 25, 2010, Wells Fargo filed a complaint to foreclose the mortgage on Appellee’s property. The complaint alleged that Wells Fargo held the note secured by the mortgage and that the note was in default because…
2Cases cited7 opinions
- Kozel v. OstendorfSupreme Court of Florida · 1994
- Bank One, NA v. HarrodDistrict Court of Appeal of Florida · 2004
- D'Best Laundromat, Inc. v. JanisDistrict Court of Appeal of Florida · 1987
- Kerry's Bromeliad Nursery, Inc. v. ReilingDistrict Court of Appeal of Florida · 1990
- Araujo-Sanchez v. AmoonDistrict Court of Appeal of Florida · 1987
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3Cited by5 opinions
- GMAC Mortgage, LLC v. Edward Whiddon, Holly WhiddonDistrict Court of Appeal of Florida · 2015
- Wells Fargo Bank, N. A. v. Michelle A. GieselDistrict Court of Appeal of Florida · 2014
- Reverse Mortgage Solution, Inc. v. The Unknown Heirs, Devisees, Grantees, Assignees, Lienors, Creditors, Trustees, etc.District Court of Appeal of Florida · 2016
- GMAC Mortgage, LLC v. Edward Whiddon, Holly WhiddonDistrict Court of Appeal of Florida · 2015
- Wells Fargo Bank, N. A. v. Michelle A. GieselDistrict Court of Appeal of Florida · 2014