WACHOVIA MORTG., FSB v. MONTES

No. 4D13-3654.

156 So.3d 1105 (2015)

WACHOVIA MORTGAGE, FSB f/k/a World Savings Bank, FSB, n/k/a Wells Fargo Bank, N.A., Appellant, v. Jose R. MONTES; The Unknown Spouse of Jose R. Montes; Catalina Solano; The Unknown Spouse of Catalina Solano; Courtyard Homes at the Grove Homeowners Association, Inc.; The Ridges Maintenance Association, Inc.; Any and All Unknown Parties Claiming by, through, under, and against the herein named Individual Defendant(s) who are not known to be dead or alive, whether said Unknown Parties may claim an interest as Spouses, Heirs, Devisees, Grantees, or Other Claimants; Tenant # 1, Tenant # 2, Tenant # 3, and Tenant # 4; the names being fictitious to account for parties in possession, Appellees.

District Court of Appeal of Florida, Fourth District.

January 28, 2015.


Attorney(s) appearing for the Case

Beverly A. Pohl of Broad and Cassel, Fort Lauderdale, and Francisco Armada of Broad and Cassel, Miami, for appellant.

Robert Flavell of Robert Flavell, P.A., Miami, for appellees Jose R. Montes and Catalina Solano.


Wachovia Mortgage, FSB ("Wachovia") appeals the final judgment entered in favor of the defendants below, Jose R. Montes and Catalina Solano, after its mortgage foreclosure case was involuntarily dismissed at trial. Wachovia argues the trial court erred in involuntarily dismissing the case before Wachovia finished presenting its evidence...

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