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JP MORGAN CHASE BANK v. JURNEY

No. 2D10-2973.

86 So.3d 1182 (2012)

JP MORGAN CHASE BANK, National Association, Appellant, v. Ralph F. JURNEY and Connie L. Jurney a/k/a Connie Jurney, Husband and Wife; Bank of America, National Association; University Place Neighborhood Association, Inc.; Unknown Parties in Possession # 1; Unknown Parties in Possession # 2; If Living, and all Unknown Parties claiming by, through, under and against the above named Defendant(s) who are not known to be dead or alive, whether said Unknown Parties may claim an interest as Spouse, Heirs, Devises, Guarantees, or Other Claimants, Appellees.

District Court of Appeal of Florida, Second District.

April 27, 2012.

Attorney(s) appearing for the Case

Gerald F. Richman , Leora B. Freire , and Chad J. Gottlieb of Richman Greer, P.A., West Palm Beach (withdrew after briefing); Jeffrey T. Kuntz and Thomas H. Loffredo of GrayRobinson, P.A., Fort Lauderdale (substituted as counsel of record), for Appellant.

No appearance for Appellees.

ALTENBERND, Judge.

The plaintiff, JP Morgan Chase Bank, National Association (JP Morgan), appeals a final order sua sponte dismissing JP Morgan's foreclosure action against the defendants, Ralph and Connie Jurney (the Jurneys). The order of dismissal prohibits JP Morgan from amending its complaint in this action, but permits JP Morgan to refile a new foreclosure action. The trial court entered this dismissal as a "sanction" because it concluded that JP Morgan failed...

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