Bank of America, N.A. v. Vidal

Opinion

Third District Court of Appeal State of Florida

Opinion filed November 18, 2015. Not final until disposition of timely filed motion for rehearing.

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No. 3D14-1008 Lower Tribunal No. 11-34295 ________________

Bank of America, N.A., Appellant,

vs.

Manuel A. Vidal, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Spencer Eig, Judge.

Wm. David Newman, Jr. (Fort Lauderdale), for appellant.

Michael Schiffrin; Ross & Girten and Lauri Waldman Ross, for appellee.

Before EMAS, FERNANDEZ and SCALES, JJ.

PER CURIAM. Bank of America, N.A. appeals an order denying its motion to vacate a

voluntary dismissal of its foreclosure complaint against Manuel and Suzanne

Vidal. Upon our review of the record below, it is apparent that the trial court

concluded it was without jurisdiction to consider the motion. This was an

erroneous conclusion, and we therefore reverse and remand.1 See Wells Fargo

Bank, NA v. Haecherl, 56 So. 3d 892 (Fla. 4th DCA 2011). We express no

opinion on the legal sufficiency or the merits of the motion to vacate.

Reversed and remanded for proceedings consistent with this opinion.

1 We review de novo the trial court’s legal determination that it was without jurisdiction to consider the motion to vacate. See Southern Baptist Hosp. of Fla., Inc. v. Welker, 908 So. 2d 317 (Fla. 2005); Nissen v. Cortez Moreno, 10 So. 3d 1110 (Fla. 3d DCA 2009).