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TIMEUS v. WELLS FARGO BANK, N.A.

No. 3D13-1462.

127 So.3d 834 (2013)

Escelia TIMEUS, Appellant, v. WELLS FARGO BANK, N.A., Appellee.

District Court of Appeal of Florida, Third District.

November 27, 2013.

Attorney(s) appearing for the Case

Philippe Symonovicz , Fort Lauderdale, for appellant.

Broad and Cassel and Francisco Armada , and Beverly A. Pohl , Fort Lauderdale, for appellee.

Before SHEPHERD, C.J., and SALTER and LOGUE, JJ.

PER CURIAM.

We reverse the final judgment of foreclosure in this case on the basis that the earlier entered default was improper. See Visoly v. Kluger, Peretz, Kaplan & Berlin, 707 So.2d 427, 428 (Fla. 3d DCA 1998) (concluding, when a default is based on failure to follow a court order, the court must find the failure to comply was "deliberate and in contumacious disregard of the court's authority").

Reversed...

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