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AVI-ISAAC v. WELLS FARGO BANK, N.A.

No. 2D10-1405.

59 So.3d 174 (2011)

Eyal AVI-ISAAC, Appellant, v. WELLS FARGO BANK, N.A., as Trustee for the Holders of Harborview 2006-12; Garrett Byrd; ____ Byrd, unknown spouse of Garrett Byrd, if married; Sarasota Palms Condominium Association, Inc.; John Doe; and Jane Doe, Appellees.

District Court of Appeal of Florida, Second District.

March 2, 2011.

Attorney(s) appearing for the Case

George J.F. Werner , Ybor City, for Appellant.

Jack R. Reiter and Jordan S. Kosches of Yoss LLP, Miami, for Appellee Wells Fargo Bank, N.A.

No appearance for remaining Appellees.

SILBERMAN, Judge.

Eyal Avi-Isaac appeals the trial court's order that grants Wells Fargo's "Plaintiff's Motion to Vacate Certificates of Title, Disbursements, and Sale, Set Aside Foreclosure Sale, and Return Third Party Funds and Memorandum of Law in Support Thereof" (motion to vacate). Because the trial court did not conduct an evidentiary hearing on Wells Fargo's motion to vacate, we reverse and remand for further proceedings.

A final summary judgment of...

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