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Bank of Am., N.A. v. Vidal

District Court of Appeal of Florida, Third District.
Nov 18, 2015
178 So. 3d 961 (Fla. Dist. Ct. App. 2015)

Opinion

No. 3D14–1008.

11-18-2015

BANK OF AMERICA, N.A., Appellant, v. Manuel A. VIDAL, Appellee.

Wm. David Newman, Jr., Fort Lauderdale, for appellant. Michael Schiffrin; Ross & Girten and Lauri Waldman Ross, for appellee.


Wm. David Newman, Jr., Fort Lauderdale, for appellant.

Michael Schiffrin; Ross & Girten and Lauri Waldman Ross, for appellee.

Opinion

PER CURIAM.

Bank of America, N.A. appeals an order denying its motion to vacate a voluntary dismissal of its foreclosure complaint against Manuel and Suzanne Vidal. Upon our review of the record below, it is apparent that the trial court concluded it was without jurisdiction to consider the motion. This was an erroneous conclusion, and we therefore reverse and remand. See Wells Fargo Bank, NA v. Haecherl, 56 So.3d 892 (Fla. 4th DCA 2011). We express no opinion on the legal sufficiency or the merits of the motion to vacate.

We review

Reversed and remanded for proceedings consistent with this opinion.

de novo the trial court's legal determination that it was without jurisdiction to consider the motion to vacate. See Southern Baptist Hosp. of Fla., Inc. v. Welker, 908 So.2d 317 (Fla.2005); Nissen v. Cortez Moreno, 10 So.3d 1110 (Fla. 3d DCA 2009).


Summaries of

Bank of Am., N.A. v. Vidal

District Court of Appeal of Florida, Third District.
Nov 18, 2015
178 So. 3d 961 (Fla. Dist. Ct. App. 2015)
Case details for

Bank of Am., N.A. v. Vidal

Case Details

Full title:BANK OF AMERICA, N.A., Appellant, v. Manuel A. VIDAL, Appellee.

Court:District Court of Appeal of Florida, Third District.

Date published: Nov 18, 2015

Citations

178 So. 3d 961 (Fla. Dist. Ct. App. 2015)