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WELLS FARGO BANK, N.A. v. TRICE

No. 5D14-3780.

183 So.3d 1265 (2016)

WELLS FARGO BANK, N.A., Appellant, v. Denise TRICE, Appellee.

District Court of Appeal of Florida, Fifth District.

January 29, 2016.

Attorney(s) appearing for the Case

Erin M. Berger , of Kelley Kronenberg, Tampa, for Appellant.

Peter Ticktin , Eric C. Miles , Kendrick Almaguer and H. Xavier Carrera , of The Ticktin Law Group, P.A., Deerfield Beach, for Appellee.

Wells Fargo Bank, N.A. ("Bank"), appeals the final order dismissing its foreclosure action against Denise Trice ("Appellee") and the denial of its motion for new trial. Concluding that the trial court erred in sua sponte dismissing the action before Bank had rested its case, we reverse.

In May 2009, Bank filed a two-count complaint...

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