PALACIN v. HSBC BANK USA NATIONAL ASSOCIATION

No. 4D12-4083.

127 So.3d 699 (2013)

Matilde A. PALACIN, Appellant, v. HSBC BANK USA NATIONAL ASSOCIATION as Trustee for Deutsche Alt 2006 ARI, Appellee.

District Court of Appeal of Florida, Fourth District.

November 20, 2013.


Attorney(s) appearing for the Case

Robert Flavell of Robert Flavell, P.A., Miami Lakes, for appellant.

Kimberly Hopkins and Ronald M. Gaché of Shapiro, Fishman & Gaché, LLP, Tampa, for appellee.


STEVENSON, J.

Appellant Matilde A. Palacin challenges a final summary judgment of foreclosure entered in favor of HSBC Bank USA National Association ("the Bank"). Finding merit in Palacin's argument that an erroneously-entered clerk's default could not provide the basis for the summary judgment, we reverse.

Here, the clerk entered a default in response to the Bank's motion filed on the same day. Unbeknownst to the clerk, the day before the default was...

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