STUART-FINDLAY v. BANK OF AMERICA, N.A.

No. 4D14-683.

183 So.3d 468 (2016)

Clive STUART-FINDLAY, Appellant, v. BANK OF AMERICA, NATIONAL ASSOCIATION and Magnolia Court Homeowners Association, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

January 20, 2016.


Attorney(s) appearing for the Case

Brian S. Behar and Robert J. Edwards of Behar, Gutt & Glazer, P.A., Aventura, for appellant.

Michael K. Winston and Dean A. Morande of Carlton Fields Jorden Burt, P.A., West Palm Beach, for appellee Bank of America, National Association.


The borrower appeals from the trial court's final judgment of foreclosure in the bank's favor. The borrower primarily argues the court erred in denying the borrower's pre-judgment motions to vacate the clerk's default where the borrower had filed papers before the clerk entered the default. We agree with the borrower's argument and reverse...

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