Legal Opinion

Wells Fargo Bank, NA v. Haecherl

District Court of Appeal of Florida

Decided March 16, 2011No. 4D09-4569PublishedCited by 6 opinions

1Opinion of the CourtPolen, J.

Appellant, Wells Fargo Bank, NA, seeks review of the trial court’s order denying its motion to vacate amended notice of voluntary dismissal with prejudice pursuant to Florida Rule of Civil Procedure 1.540(b). Because we agree with appellant that the trial court erred in concluding it was without jurisdiction to award the requested relief, we reverse the trial court’s order and remand for consideration of appellant’s motion on the merits.

On February 8, 2008, appellant filed the underlying mortgage foreclosure action. Appellees (borrowers) filed an answer and affirmative defenses.

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2Cases cited2 opinions

  1. Miller v. Fortune Ins. Co.Supreme Court of Florida · 1986
  2. Shampaine Industries, Inc. v. South Broward Hosp. Dist.District Court of Appeal of Florida · 1982

3Cited by6 opinions

  1. Pino v. Bank of New YorkSupreme Court of Florida · 2013
  2. Cottrell v. Taylor, Bean & Whitaker Mortgage Corp.District Court of Appeal of Florida · 2016
  3. Navarro v. CastroDistrict Court of Appeal of Florida · 2013
  4. Bank of America, N.A. v. VidalDistrict Court of Appeal of Florida · 2015
  5. Bank of America, N.A. v. VidalDistrict Court of Appeal of Florida · 2015

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