BANK ONE, N.A. v. HARROD

No. 4D03-2459.

873 So.2d 519 (2004)

BANK ONE, N.A., as Trustee f/k/a First National Bank of Chicago, as Trustee, Appellant, v. James M. HARROD, Jr., Diane J. Harrod, John Doe and Jane Doe, as unknown tenant(s) in possession of the subject property, Appellees.

District Court of Appeal of Florida, Fourth District.

May 19, 2004.


Attorney(s) appearing for the Case

Robert Garven, Coral Springs, and Law Offices of Marshall C. Watson, P.A., Fort Lauderdale, for appellant.

Fredric C. Buresh, Fort Lauderdale, for appellees James M. Harrod, Jr. and Diane J. Harrod.


TAYLOR, J.

Appellant, Bank One, N.A., challenges the dismissal of its complaint with prejudice. The dismissal was based on the bank's failure to comply with a court order compelling discovery. We reverse.

Appellant filed a mortgage foreclosure complaint on November 15, 2001, seeking to enforce a promissory note in the amount of $220,000. On December 21, 2001, appellees, James M. Harrod, Jr. and Diane J. Harrod, answered...

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