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DEUTSCHE BANK NAT. TRUST CO. v. BASANTA

No. 3D10-3146.

88 So.3d 216 (2011)

DEUTSCHE BANK NATIONAL TRUST COMPANY, as Indentured Trustee, in the Trust for the Registered Holders of Argent Mortgage Loan Trust 2005-W1, Asset Backed Notes, Series 2005-W1, Appellant, v. Paul Valentin BASANTA a/k/a Paul V. Basanta, Melba Basanta, et al., Appellees.

District Court of Appeal of Florida, Third District.

October 19, 2011.

Attorney(s) appearing for the Case

Adams and Reese and Joey E. Schlosberg , St. Petersburg, and Laura S. Bauman , Sarasota, for appellant.

Lionel Barnet and John H. Ruiz and Karen Barnet-Backer , Miami, for appellees.

Before CORTIÑAS, ROTHENBERG, and LAGOA, JJ.

CORTIÑAS, J.

Following the dismissal of its mortgage foreclosure action against Paul Valentin Basanta and his wife Melba ("Borrowers") for lack of prosecution, Deutsche Bank National Trust Company ("Bank") filed a verified motion for relief from the order of dismissal. The trial court denied the motion for relief and the Bank argues on appeal that the denial was reversible error because it never received the notice of lack of prosecution ("FWOP Notice") and there...

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