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DEUTSCHE BANK NATIONAL TRUST CO. v. LGC

No. 2D12-863.

107 So.3d 486 (2013)

DEUTSCHE BANK NATIONAL TRUST COMPANY as Trustee on behalf of The Harbor View Mortgage Trust 2006-9 Trust Fund, Appellant, v. LGC as Trustee of Trust 3104 under Trust Agreement dated September 19, 2006, Len Gale, and Unknown Tenants/Owners n/k/a Claudia Lopez and Jose Tabra, Appellees.

District Court of Appeal of Florida, Second District.

February 13, 2013.

Attorney(s) appearing for the Case

Karene L. Tygenhof , Michael Rodriguez , and Natalie F. Guerra-Valdes of Blank Rome LLP, Boca Raton, for Appellant.

John P. Fleck, Jr. , Bradenton, for Appellee LGC as Trustee of Trust 3104 Under Trust Agreement Dated September 19, 2006.

No appearance for remaining Appellees.

KHOUZAM, Judge.

Deutsche Bank National Trust Company appeals an order dismissing with prejudice its foreclosure action against LGC and others due to a single violation of a discovery order. Because the trial court abused its discretion in employing such a harsh sanction, we reverse the order and remand the case for further proceedings.

The procedural history of this case is somewhat unusual. On February 17, 2009, Deutsche Bank filed a two-count complaint against...

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