ANSON STREET, LLC v. ROSADO

No. 4D12-253.

100 So.3d 1270 (2012)

ANSON STREET, LLC, Appellant, v. Franklin ROSADO and Maricruz Ayala, Appellees.

District Court of Appeal of Florida, Fourth District.

November 21, 2012.


Attorney(s) appearing for the Case

Daniel C. Consuegra and Layla K. McDonald of Law Offices of Daniel C. Consuegra, P.L., Tampa, for appellant.

Louis B. Vocelle, Jr. of Vocelle & Berg, LLP, Vero Beach, for appellees.


WARNER, J.

We reverse the trial court's order dismissing this mortgage foreclosure action. The court dismissed the action as a sanction, but under the facts of this case, the court abused its discretion. Appellees concede error.

Appellant filed its complaint to foreclose its mortgage on appellees' property in March 2010. Appellees filed a motion to dismiss the cause of action. No further action in the case occurred, and in August 2011, the court sent a notice...

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