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DEUTSCHE BANK NATIONAL TRUST CO. v. GOMBERT

No. 1D13-2563.

135 So.3d 531 (2014)

DEUTSCHE BANK NATIONAL TRUST CO., Appellant, v. Mark Christian GOMBERT, as Co-Trustee of the Christian W. Gombert Family Trust Dated January 23, 2001, Gregory Dean Gombert as Co-Trustee of the Christian W. Gombert Family Trust Dated January 23, 2001, Christy Christine Gombert a/k/a Christy C. Gombert, Russell W. Gombert, Paul Jason Gombert, Tammy D. Gombert and Eric Stephen Gombert, et al., Appellees.

District Court of Appeal of Florida, First District.

April 2, 2014.

Attorney(s) appearing for the Case

Kimberly N. Hopkins of Shapiro, Fishman & Gache, LLP, Tampa, for Appellant.

No appearance, for Appellees.

PER CURIAM.

The trial court dismissed the foreclosure complaint of appellant Deutsche Bank National Trust Company because, as the final order states, "there has been no record activity for a year as of December 19, [2012]." However, appellant had moved to amend the complaint on November 1, 2012, and the trial court granted that amendment on the same date. The motion to amend was a sufficient filing to avoid dismissal for failure to prosecute under rule 1.420(e), Florida...

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