MILCE v. WELLS FARGO BANK, N.A.

No. 4D14-3744.

183 So.3d 1256 (2016)

Effraim MILCE and Valcina Milce, Appellants, v. WELLS FARGO BANK, N.A., Appellee.

District Court of Appeal of Florida, Fourth District.

January 27, 2016.


Attorney(s) appearing for the Case

Brian Korte of Korte & Wortman, P.A., West Palm Beach, for appellants.

Michael K. Winston , Dean A. Morande and Kristin A. Gore of Carlton Fields Jorden Burt, P.A., West Palm Beach, for appellee.


We affirm the final judgment of foreclosure and write to address one issue—whether the trial court erred by proceeding to trial instead of staying the action pursuant to Florida Rule of Civil Procedure 1.420(d). We hold that even though the bank had voluntarily dismissed the first foreclosure action, the homeowner was not entitled...

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