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DEUTSCHE BANK NATIONAL TRUST v. SMITH

No. 4D18-2265.

276 So.3d 315 (2019)

DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-NC3, Appellant, v. Steve SMITH and Althea Smith, Appellees.

District Court of Appeal of Florida, Fourth District.

July 17, 2019.

Attorney(s) appearing for the Case

Kimberly S. Mello and Vitaliy Kats of Greenberg Traurig, P.A., Tampa, for appellant.

Samuel D. Lopez of Samuel D. Lopez, P.A., Pembroke Pines, for appellees.

Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-NC3 ("the Bank"), appeals the involuntary dismissal of its foreclosure action. We reverse.

In September 2013, the Bank filed a foreclosure action against Steve and Althea Smith ("Borrowers") that also included a count to reestablish...

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