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BANK OF AMERICA, N.A. v. LUKICH

No. 1D13-3105.

138 So.3d 1152 (2014)

BANK OF AMERICA, N.A., Appellant, v. Aleksandar LUKICH and Amira Lukich, Mortgage Electronic Registration Systems, Inc., (as nominee for Secured Funding Corporation); Foreclosure Specialist USA, LLC, a Florida limited liability company; Ronald M. Markis, an Individual; HSBC Mortgage Services, Inc., a Delaware corporation; and American Express Centurian Bank, Appellees. Aleksandar Lukich and Amira Lukich, Appellees/Cross-Appellants, v. Bank of America, N.A., Appellant/Cross-Appellee.

District Court of Appeal of Florida, First District.

May 19, 2014.

Attorney(s) appearing for the Case

Henderson, Jr. , of GrayRobinson, P.A., Jacksonville, for Appellant/Cross-Appellee.

Wendell Finner , Jacksonville Beach, for Appellee/Cross-Appellants Aleksandar Lukich and Amira Lukich.

No appearance for Mortgage Electronic Registration Systems, Inc., Foreclosure Specialist USA, LLC, Ronald M. Markis, HSBC Mortgage Services, Inc., and American Express Centurian Bank, Appellees.

PER CURIAM.

The trial court failed to provide proper notice under Rule 1.440(c), Florida Rules of Civil Procedure, of the trial below. We therefore reverse the Order of Dismissal as to all claims of both the appellant/cross-appellee and the appellees/cross-appellants that were pending at the time the Order of Dismissal was issued. On remand, the court is directed to hold a new trial on these claims, on proper notice to all parties, in compliance with Rule 1.440(c...

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