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U.S. BANK NAT. ASS'N v. COWELL

No. 3D11-239.

86 So.3d 1214 (2012)

U.S. BANK NATIONAL ASSOCIATION, as Trustee, Successor in Interest to Bank One, as Trustee for Credit Suisse First Boston MBS 2002-26, Appellant, v. Tonya COWELL; Unknown Spouse of Tonya Cowell; John Doe, Jane Doe as Unknown Tenant(s) in possession of the subject property, Appellees.

District Court of Appeal of Florida, Third District.

May 2, 2012.

Attorney(s) appearing for the Case

Conroy, Simberg, Ganon, Krevans, Abel, Lurvey, Morrow & Schefer, and Hinda Klein and Rolando A. Soler , Hollywood, for appellant.

Tonya Cowell ; and Peter D. Fellows and Sheila Delancey , in proper persons.

Before SHEPHERD, SUAREZ, and SALTER, JJ.

SUAREZ, J.

U.S. Bank appeals the trial court's dismissal without prejudice of the foreclosure action in this matter. The dismissal is effectively a dismissal with prejudice as U.S. Bank is now time-barred from refiling. Based on the facts presented, we reverse. The administrative memorandum that served as the basis for this dismissal only permits sanctions after multiple deficiencies and does not support dismissal after a single deficiency, as was the case here. For...

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