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Rodriguez v. Wachovia Mortg., FSB

District Court of Appeal of Florida, Third District.
Mar 1, 2017
209 So. 3d 687 (Fla. Dist. Ct. App. 2017)

Opinion

No. 3D16–1933

03-01-2017

Victor RODRIGUEZ, Appellant, v. WACHOVIA MORTGAGE, FSB, Appellee.

Victor Rodriguez, in proper person. McGuireWoods LLP, and Sara F. Holladay–Tobias, Emily Y. Rottmann, and C.H. Houston, III (Jacksonville), for appellee.


Victor Rodriguez, in proper person.McGuireWoods LLP, and Sara F. Holladay–Tobias, Emily Y. Rottmann, and C.H. Houston, III (Jacksonville), for appellee.

Before LAGOA, SALTER, and FERNANDEZ, JJ.

CONFESSION OF ERROR

PER CURIAM.

Appellant, Victor Rodriguez ("Rodriguez"), appeals from the entry of a Final Foreclosure Judgment in favor of Appellee, Wells Fargo Bank, N.A., as successor in interest to Wachovia Mortgage, FSB (the "Bank"). The Bank concedes that Rodriguez was not a party below. Based on the Bank's confession of error, we reverse the trial court's entry of Final Judgment of Foreclosure, and remand to the trial court for vacatur of the Final Judgment of Foreclosure.

On remand, the Bank may file a motion to amend the complaint to include the proper parties.
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Summaries of

Rodriguez v. Wachovia Mortg., FSB

District Court of Appeal of Florida, Third District.
Mar 1, 2017
209 So. 3d 687 (Fla. Dist. Ct. App. 2017)
Case details for

Rodriguez v. Wachovia Mortg., FSB

Case Details

Full title:Victor RODRIGUEZ, Appellant, v. WACHOVIA MORTGAGE, FSB, Appellee.

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

Date published: Mar 1, 2017

Citations

209 So. 3d 687 (Fla. Dist. Ct. App. 2017)