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WELLS FARGO BANK, N.A. v. LUPICA

No. 5D09-2902.

17 So.3d 864 (2009)

WELLS FARGO BANK, N.A. as Trustee Under Pooling and Servicing Agreement Dated as of October 1, 2004 Asset-Back Pass-Through Certificates Series 2004-MHQ1, Appellant, v. Carl T. LUPICA and Margaret Anne Lupica, Appellees.

District Court of Appeal of Florida, Fifth District.

September 8, 2009.

Attorney(s) appearing for the Case

Richard S. McIver, of Kass, Shuler, Solomon, Spector, Foyle & Singer, P.A., for Appellant.

Carl T. Lupica and Margaret Anne Lupica, DeLand, Pro Se.

PER CURIAM.

Wells Fargo Bank, N.A. seeks to appeal a post-judgment order entered in this foreclosure matter. Because it appears that the trial court has not rendered a proper final order, we sua sponte conclude the appeal is premature and remand the matter to the trial court for rendition of a final order pursuant to Florida Rule of Appellate Procedure 9.110(l).

Following the entry of a foreclosure judgment in its favor and the foreclosure sale...

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