Legal Opinion
SRMOF II 2012-1 Trust v. Garcia
District Court of Appeal of Florida
Decided February 10, 2017No. 5D16-973, SRMOF, II, 2012-1Published
1Per curiam
SRMOF II 2012-1 Trust, U.S. Bank Trust National Association, not in its Individual Capacity, but Solely as Trustee (the “Bank”), plaintiff below, appeals a final Order of Involuntary Dismissal Without Prejudice for its failure to perfect service on one of the defendants and an order denying its motion to vacate the same. The Bank contends that the court erred in failing to consider the Kozel 1 factors in granting the involuntary dismissal without prejudice.
We align our position with that of the Second District in Federal National Mortgage Ass’n v. Linner, 193 So.3d 1010, 1012-13 (Fla. 2d DCA…
2Cases cited6 opinions
- Kozel v. OstendorfSupreme Court of Florida · 1994
- BAC Home Loans Servicing, L.P. v. Donald H. EllisonDistrict Court of Appeal of Florida · 2014
- Federal National Mortgage Ass'n v. WildDistrict Court of Appeal of Florida · 2015
- BAC Home Loans Servicing L. P. etc. v. Jeffrey Robert Parrish etc.District Court of Appeal of Florida · 2014
- Federal National Mortgage Association v. LinnerDistrict Court of Appeal of Florida · 2016
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