WELLS FARGO BANK, N.A. v. LUPICA

No. 5D09-2902.

36 So.3d 875 (2010)

WELLS FARGO BANK, N.A. As Trustee, etc., Appellant, v. Carl T. LUPICA and Margaret Lupica, Appellees.

District Court of Appeal of Florida, Fifth District.

June 4, 2010.


Attorney(s) appearing for the Case

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

No Appearance for Appellee.


EVANDER, J.

Wells Fargo appeals from the denial of its unopposed motion to cancel foreclosure sale and its subsequent unopposed motion to vacate the foreclosure sale. Because we find that the denial of these motions constituted a gross abuse of discretion, we reverse.

Wells Fargo filed a mortgage foreclosure action against the Lupicas, based on their alleged failure to make due and owing monthly installment payments...

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