Deutsche Bank Nat'l Trust Co. v. Gombert

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Docket Number

No. 1D13–2563.

Attorney(S)

An appeal from the Circuit Court for Duval County. A.C. Soud, Jr., Judge. Kimberly N. Hopkins of Shapiro, Fishman & Gache, LLP, Tampa, for Appellant. No appearance, for Appellees.

Judges

PER CURIAM.

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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.

PER CURIAM.

An appeal from the Circuit Court for Duval County. A.C. Soud, Jr., Judge.

Kimberly N. Hopkins of Shapiro, Fishman & Gache, LLP, Tampa, for Appellant. No appearance, for Appellees.
PER CURIAM.

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.

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