BANK ONE, N.A. v. BATRONIE

No. 2D03-3832.

884 So.2d 346 (2004)

BANK ONE, NATIONAL ASSOCIATION, as Trustee, Appellant, v. Arleen BATRONIE and Gene Batronie, Appellees.

District Court of Appeal of Florida, Second District.

September 10, 2004.


Attorney(s) appearing for the Case

Jeffrey S. Lapin and Marjorie T. Kret of Larson King, LLP, Miami, for Appellant.

Louis K. Rosenbloum of Louis K. Rosenbloum, P.A., Pensacola, for Appellees.


WALLACE, Judge.

Bank One, National Association, challenges the order of the circuit court setting aside a final judgment of foreclosure and dismissing the action without prejudice. Because the motion seeking relief from the final judgment was filed more than one year after rendition of the judgment, the circuit court lacked jurisdiction to entertain the motion or to grant relief thereon. Accordingly, we reverse.

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