SPENCER v. EMC MORTG. CORP.

No. 3D11-136.

97 So.3d 257 (2012)

Elizabeth SPENCER, Appellant, v. EMC MORTGAGE CORPORATION, Appellee.

District Court of Appeal of Florida, Third District.

August 29, 2012.


Attorney(s) appearing for the Case

Carlton Fields and Nancy C. Ciampa and Jeffrey Michael Cohen , Miami, for appellant.

Greenberg Traurig and Michele L. Stocker , Fort Lauderdale, Kimberly S. Mello and Thomas A. Burns , Tampa, for appellee.

Before SALTER and FERNANDEZ, JJ., and SCHWARTZ, Senior Judge.


SALTER, J.

Elizabeth Spencer appeals a final summary judgment of foreclosure entered against her in December 2010 based on defaults in payment which are alleged to have begun in July 1997, over thirteen years earlier. We reverse and remand the case with directions to enter a judgment dismissing the foreclosure case based on the lender's failure to prosecute it, among other procedural and substantive deficiencies.1

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