WELLS FARGO BANK, NAT. ASS'N v. VOORHEES

No. 2D15-2055.

194 So.3d 448 (2016)

WELLS FARGO BANK, NATIONAL ASSOCIATION, as trustee for the Certificateholders of SARM 2005-15, Appellant, v. Sally L. VOORHEES a/k/a Sally L. Voorhees-Durham a/k/a Sally Voorhees; Bent Tree Village Association, Inc.; Citibank, N.A.; Unknown Spouse of Sally L. Voorhees a/k/a Sally L. Voorhees-Durham a/k/a Sally Voorhees; unknown tenant(s) in possession of the subject property, Appellees.

District Court of Appeal of Florida, Second District.

May 13, 2016.


Attorney(s) appearing for the Case

Nancy M. Wallace of Akerman LLP, Tallahassee; William P. Heller of Akerman LLP, Fort Lauderdale; and Eric M. Levine of Akerman LLP, West Palm Beach, for Appellant.

C. Todd Chapman of Band Law Group, P.L., Sarasota, for Appellee Sally L. Voorhees.

No appearance for remaining Appellees.


Wells Fargo Bank, National Association, appeals the dismissal of its foreclosure action against Sally Voorhees. Because the record is replete with evidence contradicting technical admissions and Voorhees failed to show she would be prejudiced by their withdrawal, we conclude that the trial court abused its discretion in failing...

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