WELLS FARGO BANK N.A. v. ROJAS

No. 4D16-4301.

219 So.3d 940 (2017)

WELLS FARGO BANK, N.A., Appellant, v. Julio ROJAS a/k/a Julio A. Rojas, Dulcy Rojas a/k/a Dulcy M. Rojas, Appellees.

District Court of Appeal of Florida, Fourth District.

May 24, 2017.


Attorney(s) appearing for the Case

Shaib Y. Rios of Brock & Scott, PLLC, Fort Lauderdale, for appellant.

Damon E. Gasser and Michael W. Simon of Simon & Sigalos, LLP, Boca Raton, for appellee Julio Rojas.


We reverse the trial court's order denying the bank's Florida Rule of Civil Procedure 1.540(b) motion to vacate a notice of voluntary dismissal. The notice was filed due to clerical mistake, and the trial court abused its discretion. See Miller v. Fortune Ins. Co., 484 So.2d 1221, 1224 (Fla. 1986)...

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