WELLS FARGO BANK, N.A., APPELLANT,
v.
DERRICK R. SPENCE, ET AL., APPELLEES

Fla. 3d DCA | 2017-04-05
No. 3D15-1409
Before LOGUE, SCALES and LUCK, JJ.
213 So. 3d 1142 Florida District Court of Appeal, Third District (2017) Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.

*1143 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, 211 So.3d 1009, 2016 WL 6538647 (Fla. Nov. 3, 2016); Deutsche Bank Tr. Co. Americas v. Beauvais, 188 So.3d 938 (Fla. 3d DCA 2016) (en banc).

Reversed and remanded.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Wells Fargo Bank, NA v. BH-NV Invs. 1, LLC, 230 So. 3d 60 (Fla. 3d DCA 2017)
    …e parties expending unnecessary litigation costs and prior to this Court’s expenditure of its limited judicial .resources. Here, BH-NV filed a Confession of Error on July 19, 2017, based on this Court's decision in Wells Fargo Bank, N.A., v. Spence, 213 So. 3d 1142 (Fla. 3d DCA 2017). We note that Spence was decided on April 5, 2017, well before BH-NV’s Answer brief was filed on May 22, 2017. As a result of BH-NV’s failure to file its Confession of Error earlier even though Bar-tram, Beavais II, and Spence wer…
  • Deutsche Bank v. Sfl Prop. Holding LLC, 237 So. 3d 1125 (Fla. 3d DCA 2018)

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