Deutsche Bank National Trust Co. v. Gombert

District Court of Appeal of Florida

Deutsche Bank National Trust Co. v. Gombert

135 So. 3d 531, 2014 WL 1323212, 2014 Fla. App. LEXIS 4825

CourtDistrict Court of Appeal of Florida

DecidedApril 2, 2014

DocketNo. 1D13-2563

StatusPublished

Cited by2 cases

This text of 135 So. 3d 531 (Deutsche Bank National Trust Co. v. Gombert) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Deutsche Bank National Trust Co. v. Gombert, 135 So. 3d 531, 2014 WL 1323212, 2014 Fla. App. LEXIS 4825 (Fla. Ct. App. 2014).

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Opinion

PER CURIAM.

The trial court dismissed the foreclosure complaint of appellant Deutsche Bank National Trust Company because, as the final order states, “there has been no record activity for a year as of December 19, [2012].” However, appellant had moved to amend the complaint on November 1, 2012, and the trial court granted that amendment on the same date. The motion to amend was a sufficient filing to avoid dismissal for failure to prosecute under rule 1.420(e), Florida Rules of Civil Procedure. Chemrock Corp. v. Tampa Elec. Co., 71 So.3d 786 (Fla.2011).

The final order of dismissal is REVERSED, and the cause is REMANDED for further proceedings consistent with this opinion.

WOLF, VAN NORTWICK, and MARSTILLER, JJ., concur.

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PER CURIAM.

The trial court dismissed the foreclosure complaint of appellant Deutsche Bank National Trust Company because, as the final order states, “there has been no record activity for a year as of December 19, [2012].” However, appellant had moved to amend the complaint on November 1, 2012, and the trial court granted that amendment on the same date. The motion to amend was a sufficient filing to avoid dismissal for failure to prosecute under rule 1.420(e), Florida Rules of Civil Procedure. Chemrock Corp. v. Tampa Elec. Co., 71 So.3d 786 (Fla.2011).

The final order of dismissal is REVERSED, and the cause is REMANDED for further proceedings consistent with this opinion.

WOLF, VAN NORTWICK, and MARSTILLER, JJ., concur.

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Bluebook (online)

135 So. 3d 531, 2014 WL 1323212, 2014 Fla. App. LEXIS 4825, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deutsche-bank-national-trust-co-v-gombert-fladistctapp-2014.

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