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McCREA v. DEUTSCHE BANK NAT. TRUST CO.

No. 2D07-4292.

993 So.2d 1057 (2008)

Charles A. McCREA, Jr., and Tina M. McCrea, Appellants, v. DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for Morgan Stanley IXIS Real Estate Capital Trust 2006-1, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 28, 2008.

Attorney(s) appearing for the Case

John P. Fleck, Jr., Bradenton, for Appellants.

Forrest G. McSurdy of Stern & McSurdy, P.A., Plantation, for Appellee.

STRINGER, Judge.

Charles and Tina McCrea seek review of the trial court's order vacating the order that dismissed Deutsche Bank National Trust Company's mortgage foreclosure action with prejudice. The McCreas argue that the trial court lacked jurisdiction to vacate the order because Deutsche Bank failed to serve a motion for rehearing within ten days and the court did not have a proper basis to vacate its order pursuant to Florida Rule of Civil Procedure 1.540(b)...

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