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U.S. BANK NAT. ASS'N v. TADMORE

No. 3D09-1389.

23 So.3d 822 (2009)

U.S. BANK NATIONAL ASSOCIATION as Trustee for the Benefit of Harborview 2005-10 Trust Fund, Appellant, v. Danny TADMORE, deceased, etc. et al., Appellees.

District Court of Appeal of Florida, Third District.

December 2, 2009.

Attorney(s) appearing for the Case

Adorno & Yoss, John J. Shahady, Fort Lauderdale, Jack R. Reiter and Jordan S. Kosches, Miami, for appellant.

Siegfired, Rivera, Lerner De La Torre & Sobel, Guillermo M. Mancebo and Vincent B. Flor; Gonzalo R. Dorta, Miami, for appellee.

Before WELLS, SHEPHERD, and CORTIÑAS, JJ.

WELLS, J.

In this mortgage foreclosure action, U.S. Bank National Association ("the Bank") appeals from an order obligating it to "diligently proceed with the [instant] pending foreclosure action ... within thirty (30) days" or pay monthly maintenance fees on the condominium unit in foreclosure. We treat the instant order as an order granting an injunction which we reverse because there is no basis for imposing such fees as a sanction or otherwise in this case.

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