Legal Opinion

De La Osa v. Wells Fargo Bank, N.A.

District Court of Appeal of Florida

Decided February 10, 2016No. 3D14-1455Published

1Opinion of the CourtScales, J.

Yoanky De La Osa, the defendant below, appeals the trial court’s May 16, 2014 order that denied De La Osa’s Verified Motion To Vacate Order Vacating Dismissal And AH Subsequent Orders (“De La Osa’s Motion”). Because the trial court did not retain subject matter jurisdiction to vacate its prior order that dismissed the foreclosure action of plaintiff Wells Fargo Bank N.A. (the “Bank”), we reverse.

I. Facts

In 2008, the Bank filed a foreclosure action against De La Osa, seeking to foreclose on De La Osa’s condominium, located in Miami-Dade County.

On May 19, 2011, the trial court entered an order…

2Cases cited14 opinions

  1. Randle-Eastern Ambulance Service v. VastaSupreme Court of Florida · 1978
  2. Miller v. Fortune Ins. Co.Supreme Court of Florida · 1986
  3. Kippy Corporation v. ColburnSupreme Court of Florida · 1965
  4. Falkner v. AMERIFIRST FEDERAL SAV. AND LOANDistrict Court of Appeal of Florida · 1986
  5. Pino v. Bank of New YorkSupreme Court of Florida · 2013

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