WELLS FARGO BANK, N.A. v. JIDY

No. 3D09-2580.

44 So.3d 162 (2010)

WELLS FARGO BANK, N.A., Appellants, v. Leila JIDY, etc., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied October 8, 2010.


Attorney(s) appearing for the Case

Broad and Cassel, and Steven Ellison , Franklin Homer , and Talina Bidwell , West Palm Beach, for appellant.

Gary S. Gostel , Miami, for appellee.

Before RAMIREZ, C.J., and ROTHENBERG and LAGOA, JJ.


RAMIREZ, C.J.

Wells Fargo Bank appeals the trial court's denial of its motion to vacate the default final judgment in a foreclosure proceeding to which Wells Fargo was joined as a party. We affirm the trial court's decision. Although the trial court erred in summarily ruling on the merits of Wells Fargo's asserted defenses, Wells Fargo's motion was nonetheless legally insufficient.

On June 13, 2008, Claudia Sanchez conveyed the subject property by warranty...

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