GULLIVER v. TEXAS COMMERCE BANK

No. 5D00-2113.

787 So.2d 256 (2001)

Rosemarie Dinardi GULLIVER, etc. et al., Appellant, v. TEXAS COMMERCE BANK, National Association, Appellee.

District Court of Appeal of Florida, Fifth District.

May 25, 2001.


Attorney(s) appearing for the Case

Daniel P. Rock, New Port Richey, for Appellant.

Sandra H.W. Hankin and Avi J. Litwin, of Marc A. Ben-Ezra, P.A., North Miami Beach, for Appellee.


HARRIS, J.

This is a case in which bad lawyering, no lawyering and a lack of notice resulted in appellants losing their property to foreclosure. Appellants appeal the refusal of the court to give them relief from judgment due to "mistake, inadvertence, surprise, or excusable neglect." Rule 1.540(b), Fla. R. Civ. P.

Appellee obtained the mortgage herein through assignment. At the time of the assignment, appellee claims...

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