PNC BANK, NA v. DUQUE

No. 4D12-1799.

137 So.3d 476 (2014)

PNC BANK, NA, Appellant, v. Isidro A. DUQUE and Teresa A. Thomas, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 21, 2014.


Attorney(s) appearing for the Case

Jeffrey M. Gano and Elizabeth T. Frau of Ronald R. Wolfe & Associates, P.L., Tampa, for appellant.

Laura L. Brogan of American Legal, P.A., Coral Springs, for appellees.


MAY, J.

The bank appeals a trial court order striking its pleadings and dismissing its foreclosure complaint with prejudice, as well as a subsequent order denying its motion to reinstate the pleadings and for rehearing. The bank argues that the court erred in dismissing its complaint for discovery violations. We agree and reverse.

The homeowners defaulted on their loan, resulting in the bank initiating foreclosure proceedings. The homeowners filed several...

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