BAC HOME LOANS SERVICING L.P. v. PARRISH

No. 1D13-4150.

146 So.3d 526 (2014)

BAC HOME LOANS SERVICING L.P. f/k/a Countrywide Home Loans Servicing L.P., Appellant, v. Jeffrey Robert PARRISH a/k/a Jeffrey Parrish and Jessica Ann Parrish a/k/a Jessica A. Parrish a/k/a Jessica Parrish; et al., Appellees.

District Court of Appeal of Florida, First District.

September 10, 2014.


Attorney(s) appearing for the Case

Kimberly Nolen Hopkins and Ronald M. Gache of Shapiro, Fishman, & Gache, LLP, Tampa, for Appellant.

Jeffrey Robert Parrish and Jessica Ann Parrish, pro se, Appellees.


OSTERHAUS, J.

Under review is a final order dismissing a foreclosure action without prejudice based on Appellant's failure to appear on the trial date fixed by the court. We reverse because the notice fixing the trial date failed to comply with the thirty-day requirement set forth in Florida Rule of Civil Procedure 1.440(c) and because the trial court failed to determine whether Appellant's failure to appear was willful.

I.

In November 2009, Appellant...

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