DEUTSCHE BANK NATIONAL TRUST CO., APPELLANT,
v.
MARK CHRISTIAN GOMBERT, AS CO-TRUSTEE OF THE CHRISTIAN W. GOMBERT FAMILY TRUST DATED JANUARY 23, 2001, GREGORY DEAN GOMBERT AS CO-TRUSTEE OF THE CHRISTIAN W. GOMBERT FAMILY TRUST DATED JANUARY 23, 2001, CHRISTY CHRISTINE GOMBERT A/K/A CHRISTY C. GOMBERT, RUSSELL W. GOMBERT, PAUL JASON GOMBERT, TAMMY D. GOMBERT AND ERIC STEPHEN GOMBERT, ET AL., APPELLEES
DEUTSCHE BANK NATIONAL TRUST CO., APPELLANT,
MARK CHRISTIAN GOMBERT, AS CO-TRUSTEE OF THE CHRISTIAN W. GOMBERT FAMILY TRUST DATED JANUARY 23, 2001, GREGORY DEAN GOMBERT AS CO-TRUSTEE OF THE CHRISTIAN W. GOMBERT FAMILY TRUST DATED JANUARY 23, 2001, CHRISTY CHRISTINE GOMBERT A/K/A CHRISTY C. GOMBERT, RUSSELL W. GOMBERT, PAUL JASON GOMBERT, TAMMY D. GOMBERT AND ERIC STEPHEN GOMBERT, ET AL., APPELLEES
135 So. 3d 531
Florida District Court of Appeal, First District (2014)
Positive Treatment
Cited by 2 cases
Opinion of the Court
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Bank OF Am., N.A. v. King, 140 So. 3d 709 (Fla. 1st DCA 2014)
-
Bank OF Am., N.A. v. Brightwell, 140 So. 3d 709 (Fla. 1st DCA 2014)
Authorities Cited
- Chemrock Corp. v. Tampa Elec. Co., 71 So. 3d 786 (Fla. 2011)