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DE LA OSA v. WELLS FARGO BANK, N.A.

No. 3D14-1455.

208 So.3d 259 (2016)

Yoanky DE LA OSA, Appellant, v. WELLS FARGO BANK, N.A., Appellee.

District Court of Appeal of Florida, Third District.

Opinion filed December 14, 2016.

Attorney(s) appearing for the Case

Feiler & Leach, P.L., and Martin E. Leach , for appellant.

Carlton Fields Jorden Burt, P.A., and Michael K. Winston , Dean A. Morande , and Donna L. Eng (West Palm Beach), and Nancy C. Ciampa , for appellee.

Before, SUAREZ, C.J., and WELLS, SHEPHERD, ROTHENBERG, LAGOA, SALTER, EMAS, FERNANDEZ, LOGUE, and SCALES, JJ.

On Motion for Rehearing En Banc

The final order underlying this appeal dismissed a case because the Plaintiff failed to appear for trial. The Plaintiff, however, was given no notice to appear for trial and no copy of the dismissal order. Although labeled "without prejudice," the order is final and uncontestably...

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