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ROSS v. WELLS FARGO BANK

No. 3D11-3007.

114 So.3d 256 (2013)

Alec ROSS, Appellant, v. WELLS FARGO BANK, Appellee.

District Court of Appeal of Florida, Third District.

February 13, 2013.

Attorney(s) appearing for the Case

Ritter Chusid Bivona & Cohen, and Gregory J. Ritter and Shawn R. Horwick , for appellant.

Carlton Fields and Dean A. Morande and Donna L. Eng , West Palm Beach, for appellee.

Before WELLS, Chief Judge, and CORTIÑAS and EMAS, JJ.

EMAS, J.

Alec Ross ("Ross") appeals a non-final order which reinstated Wells Fargo Bank's ("Wells Fargo") post-judgment re-foreclosure proceedings against Ross, after that re-foreclosure action had been dismissed for lack of prosecution. We reverse because the trial court lacked subject matter jurisdiction to permit the post-judgment re-foreclosure proceeding.

On March 21, 2008, Wells Fargo filed a Mortgage Foreclosure Complaint against Zion Tarazi, ("Tarazi...

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