DEUTSCHE BANK NATIONAL TRUST CO. v. SANTIAGO

No. 3D11-2805.

117 So.3d 1146 (2013)

DEUTSCHE BANK NATIONAL TRUST COMPANY, etc., Appellant, v. Janice SANTIAGO and Rafael Segarra, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 11, 2013.


Attorney(s) appearing for the Case

Robertson, Anschutz & Schneid, P.L., and Areeb Naseer , Boca Raton, for appellant.

Robert Flavell, P.A., and Robert Flavell , Miami Lakes, for appellees.

Before LAGOA and LOGUE, JJ., and SCHWARTZ, Senior Judge.


LOGUE, J.

During the presentation of the first witness in this foreclosure action, the trial judge dismissed the case on her own initiative, based apparently on her conclusion that the bank would be unable to prove all of the facts necessary to support its claim. We find that this dismissal was premature in the facts of this case. Accordingly, we reverse.

Deutsche Bank National Trust Company, as trustee, brought a foreclosure suit against Janice Santiago and...

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