BAC Home Loans Servicing L. P. etc. v. Jeffrey Robert Parrish etc.

Under review is a final order dismissing a foreclosure action without prejudice based on Appellant’s failure to appear on the trial date fixed by the court. We reverse because the notice fixing the trial date failed to comply with the thirty-day requirement set forth in Florida Rule of Civil Procedure 1.440(c) and because the trial court failed to determine whether Appellant’s failure to appear was willful.

I

In November 2009, Appellant filed a complaint to foreclose on Appellee’s mortgage.' On March 14, 2013, the trial court rendered a sua, sponte “Order Setting Trial or Final Hearing” for…