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US BANK, N.A. v. BOYER

No. 2D12-3942.

125 So.3d 997 (2013)

US BANK, N.A., successor by merger to the Leader Mortgage Company, Appellant, v. William B. BOYER; Linda A. Elswick; W.S. Badcock Corporation; Cavalier Corporation; Tampa Bay Federal Credit Union; Premium Asset Recovery Corporation; State Farm Mutual Automobile Insurance Company, as subrogee of Lois A. Lee; Lois A. Lee; and an Unknown Person in Possession of the Subject Real Property, Appellees.

District Court of Appeal of Florida, Second District.

June 28, 2013.

Attorney(s) appearing for the Case

Lee L. Haas of Haas & Castillo, P.A., Clearwater, for Appellant.

Roxanne Carnegie , St. Petersburg, for Appellee William B. Boyer.

No appearance for remaining Appellees.

MORRIS, Judge.

US Bank, N.A., appeals an order that dismissed with prejudice its complaint for mortgage foreclosure because U.S. Bank's nonresident cost bond was paid by U.S. Bank's counsel. On appeal, U.S. Bank argues that an attorney may file a nonresident cost bond on behalf of a client and that such practice does not violate the prohibition against an attorney's acting as a surety for his client. We agree and reverse the order of the circuit court.

I...

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