CITIMORTGAGE, INC. v. HILL

No. 1D13-3585.

140 So.3d 703 (2014)

CITIMORTGAGE, INC. Successor by Merger to Abn Amro Mortgage Group, Appellant, v. Brian HILL, et al., Appellees.

District Court of Appeal of Florida, First District.

June 18, 2014.


Attorney(s) appearing for the Case

Heather L. Griffiths , William S. Isenberg , Ali Gilson , and Allyson Sartoian of Phelan Hallinan, PLC, Fort Lauderdale, for Appellant.

Steven Copus of Copus & Copus, Esq., Shalimar, for Appellees.


OSTERHAUS, J.

In this appeal, we consider whether the trial court properly dismissed a foreclosure action filed by the appellant. The trial court dismissed the case because appellant failed to "schedule the matter for non-jury trial," despite the fact that appellant had actively prosecuted the case and filed a notice of trial readiness three weeks before the dismissal order. Because the rules of civil procedure and Florida Supreme Court precedent require courts...

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