Wells Fargo Bank v. Spence

District Court of Appeal of Florida

Wells Fargo Bank v. Spence

CourtDistrict Court of Appeal of Florida

DecidedApril 5, 2017

Docket15-1409

StatusPublished

This text of Wells Fargo Bank v. Spence (Wells Fargo Bank v. Spence) 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

Wells Fargo Bank v. Spence, (Fla. Ct. App. 2017).

Pincite

Opinion

Third District Court of Appeal State of Florida

Opinion filed April 5, 2017.

________________

No. 3D15-1409 Lower Tribunal No. 14-28670 ________________

Wells Fargo Bank, N.A., Appellant,

vs.

Derrick R. Spence, et al., Appellees.

An Appeal from the Circuit Court for Miami-Dade County, Gerald D. Hubbart, Senior Judge.

Carlton Fields Jorden Burt, P.A., and Michael K. Winston, and Dean A. Morande (West Palm Beach), for appellant.

Dennis A. Donet, P.A., and Dennis A. Donet, for appellees.

Before LOGUE, SCALES and LUCK, JJ.

ON CONFESSION OF ERROR

PER CURIAM. Wells Fargo Bank, N.A., the plaintiff below, appeals the trial court’s order

granting final summary judgment in favor of the defendants below, Derrick R.

Spence and Helen Spence, and dismissing the instant mortgage foreclosure action.

The trial court found that the action was barred by the statute of limitations.

Based upon the record before us and the Spences’ commendable confession

of error, we reverse the final order of dismissal and remand the case to the trial

court for further proceedings. See Bartram v. U.S. Bank Nat’l Ass’n, Nos. SC14–

1265, SC14–1266, SC14–1305 (Fla. Nov. 3, 2016); Deutsche Bank Tr. Co.

Americas v. Beauvais, 188 So. 3d 938 (Fla. 3d DCA 2016) (en banc).

Reversed and remanded.

Free access — add to your briefcase to read the full text and ask questions with AI