TOLER v. BANK OF AMERICA, NAT. ASS'N

No. 4D11-265.

78 So.3d 699 (2012)

Shiloh TOLER and Troy Toler, Appellants, v. BANK OF AMERICA, NATIONAL ASSOCIATION as Successor by Merger to LaSalle Bank National as Trustee for Luminent 2005-1, Appellees.

District Court of Appeal of Florida, Fourth District.

February 1, 2012.


Attorney(s) appearing for the Case

Michael Alex Wasylik of Ricardo, Wasylik & Kaniuk, PL, Dade City, for appellant.

Jeffrey M. Gano of Florida Default Law Group, P.L., Tampa, for appellee.


GILLESPIE, KENNETH L., Associate Judge.

Appellants, Shiloh and Troy Toler (hereinafter "the Tolers"), appeal the lower court's denial of their motion to vacate a final summary judgment in a residential mortgage foreclosure action. The lower court denied the Tolers' motion as untimely. Although we find that the Tolers' motion was timely, we hold that the trial court did not abuse its discretion in denying the motion because it failed to allege a colorable claim for...

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