WELLS FARGO BANK, N.A. v. TABOADA

No. 2D11-2961.

93 So.3d 1073 (2012)

WELLS FARGO BANK, N.A., as Trustee for the Certificateholders of Soundview Home Loan Trust 1007-OPT5, Asset-Backed Certificates, Series 2007-OPT5, Appellant, v. Arthur TABOADA; JPMorgan Chase Bank, National Association as Trustee of Centrex Home Equity Loan Trust 2000-C, under the pooling and servicing agreement dated as of September 1, 2000; Carillon Property Owners Association, Inc.; Asset Acceptance, LLC; Royal Publishing, Inc. d/b/a Prestige Printers; Unknown Parties in Possession #1, if living, and all Unknown Parties claiming by, through, under and against the above named Parties who are not known to be dead or alive, whether said Unknown Parties may claim an interest as Spouse, Heirs, Devisees, Grantees, or Other Claimants, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied August 3, 2012.


Attorney(s) appearing for the Case

Barbara A. Couture of Shapiro, Fishman & Gache, LLP, Tampa, for Appellant.

Mark P. Stopa of Stopa Law Firm, Tampa, for Appellee Taboada.

No appearance for remaining Appellees.


SILBERMAN, Chief Judge.

Wells Fargo Bank, N.A., seeks review of the trial court's order dismissing its amended mortgage foreclosure complaint without prejudice but without leave to amend.1 We reverse for two reasons. First, the trial court erred in determining that the amended complaint's verification language did not comport with Florida Rule of Civil Procedure 1.110(b). Second, the trial court erred in determining that the amended complaint...

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