Timeus v. Wells Fargo Bank, N.A.

District Court of Appeal of Florida

Timeus v. Wells Fargo Bank, N.A.

127 So. 3d 834, 2013 WL 6224039, 2013 Fla. App. LEXIS 18923

CourtDistrict Court of Appeal of Florida

DecidedNovember 27, 2013

DocketNo. 3D13-1462

StatusPublished

This text of 127 So. 3d 834 (Timeus v. Wells Fargo Bank, N.A.) 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.

Bluebook

Timeus v. Wells Fargo Bank, N.A., 127 So. 3d 834, 2013 WL 6224039, 2013 Fla. App. LEXIS 18923 (Fla. Ct. App. 2013).

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Opinion

PER CURIAM.

We reverse the final judgment of foreclosure in this case on the basis that the earlier entered default was improper. See Visoly v. Kluger, Peretz, Kaplan & Berlin, 707 So.2d 427, 428 (Fla. 3d DCA 1998) (concluding, when a default is based on failure to follow a court order, the court must find the failure to comply was “deliberate and in contumacious disregard of the court’s authority”).

Reversed and remanded for further proceedings.

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PER CURIAM.

We reverse the final judgment of foreclosure in this case on the basis that the earlier entered default was improper. See Visoly v. Kluger, Peretz, Kaplan & Berlin, 707 So.2d 427, 428 (Fla. 3d DCA 1998) (concluding, when a default is based on failure to follow a court order, the court must find the failure to comply was “deliberate and in contumacious disregard of the court’s authority”).

Reversed and remanded for further proceedings.

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Bluebook (online)

127 So. 3d 834, 2013 WL 6224039, 2013 Fla. App. LEXIS 18923, Counsel Stack Legal Research, https://law.counselstack.com/opinion/timeus-v-wells-fargo-bank-na-fladistctapp-2013.

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