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WELLS FARGO BANK, N.A. v. CHATHAM

No. 1D12-2774.

114 So.3d 1062 (2013)

WELLS FARGO BANK, N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2006 Fre 1, Asset-Backed Pass-Through Certificates, Appellant, v. April CHATHAM, a/k/a April Carlton Chatham, a/k/a April Carlton Johnson; Bryan Chatham, a/k/a Bryan Alan Chatham, et al., Appellees.

District Court of Appeal of Florida, First District.

June 5, 2013.

Attorney(s) appearing for the Case

Shaib Y. Rios of Brock & Scott, PLLC, Ft. Lauderdale, for Appellant.

Clayton B. Studstill of Studstill Law Firm, PLLC, Port St. Joe, for Appellees.

WETHERELL, J.

Wells Fargo Bank, N.A., appeals the dismissal of this foreclosure case because of its failure to cure a deficiency in the complaint by the deadline set by the trial court. We agree with Wells Fargo that, under the circumstances, the trial court abused its discretion in dismissing this case. Accordingly, we reverse the dismissal order and remand for further proceedings.

I

On February 25, 2010, Wells Fargo filed a complaint to foreclose...

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