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WELLS FARGO BANK, N.A. v. TAN

No. 4D20-613.

320 So.3d 782 (2021)

WELLS FARGO BANK, N.A., Appellant, v. Chi Peng TAN, Bank of America, N.A., as assignee of First Magnus Financial Corporation, Mortgage Electronic Registration Systems, Inc., Acting solely as Nominee for First Magnus Financial Corporation, an Arizona Corporation, Schindler Elevator Corporation, Southern Construction Services, Inc., Precision U.S.A., Inc., Park Tower Association, Inc., Nissim Shani and Michele Shani, Appellees.

District Court of Appeal of Florida, Fourth District.

May 5, 2021.

Attorney(s) appearing for the Case

Benjamin B. Carter and Jeffrey S. Lapin of Lapin & Leichtling, LLP, Coral Gables, for appellant.

Lynette Ebeoglu McGuinness and Cary A. Lubetsky of Krinzman Huss Lubetsky Feldman & Hotte, Fort Lauderdale, for appellees Nissim Shani and Michele Shani.

Elizabeth A. Henriques and Tricia J. Duthiers of Liebler Gonzalez & Portuondo, Miami, for appellee Bank of America, N.A.

Wells Fargo Bank, N.A. appeals a nonfinal order denying its Florida Rule of Civil Procedure 1.540(b) motion to vacate the final judgment and dismiss the complaint. The circuit court found the final judgment was void as to Wells Fargo; that its motion to vacate was not filed within a reasonable time; and, alternatively, that section 702...

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