Rodriguez v. Wachovia Mortgage

• Court: District Court of Appeal of Florida
• Decided: March 1, 2017
• Docket: 16-1933
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed March 1, 2017.

________________

No. 3D16-1933 Lower Tribunal No. 09-82628 ________________

Victor Rodriguez, Appellant,

vs.

Wachovia Mortgage, FSB, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Jennifer D. Bailey, Judge.

Victor Rodriguez, in proper person.

McGuireWoods LLP, and Sara F. Holladay-Tobias, Emily Y. Rottmann, and C.H. Houston, III (Jacksonville), for appellee.

Before LAGOA, SALTER, and FERNANDEZ, JJ.

PER CURIAM.

CONFESSION OF ERROR Appellant, Victor Rodriguez (“Rodriguez”), appeals from the entry of a

Final Foreclosure Judgment in favor of Appellee, Wells Fargo Bank, N.A., as

successor in interest to Wachovia Mortgage, FSB (the “Bank”). The Bank

concedes that Rodriguez was not a party below. Based on the Bank’s confession

of error, we reverse the trial court’s entry of Final Judgment of Foreclosure, and

remand to the trial court for vacatur of the Final Judgment of Foreclosure.1

1On remand, the Bank may file a motion to amend the complaint to include the proper parties.