VIVES v. WELLS FARGO BANK, N.A.

No. 3D11-1453.

128 So.3d 9 (2012)

Monica VIVES, Appellant, v. WELLS FARGO BANK, N.A., etc., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied October 23, 2013.


Attorney(s) appearing for the Case

Wasson & Associates, Chartered, and Roy D. Wasson and Annabel C. Majewski , Miami; Wald, Castillo & Wald, and Jennifer P. Wald , Miami, for appellant.

Kelly E. Elkins, P.A., Plantation, and Katherine J. Walke , Fort Lauderdale, for appellee.

Before WELLS, C.J., and SHEPHERD and ROTHENBERG, JJ.


ROTHENBERG, J.

The defendant, Monica Vives ("Ms. Vives"), appeals from the denial of her motion to vacate the final judgment of foreclosure entered in favor of Wells Fargo Bank, N.A., etc. ("Wells Fargo"), and motion to cancel the foreclosure sale. We remand with instructions.

This appeal stems from a foreclosure action filed on March 4, 2009, by Wells Fargo against Ms. Vives, in which Wells Fargo sought to re-establish a lost or destroyed promissory note...

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