BRANCH BANKING AND TRUST COMPANY v. HESED INVESTMENTS LLC (2019)

District Court of Appeal of Florida, Third District.

BRANCH BANKING AND TRUST COMPANY, etc., Appellant, v. HESED INVESTMENTS, LLC, Appellee.

No. 3D19-1177

Decided: November 20, 2019

Before SALTER, HENDON and GORDO, JJ.

McCalla Raymer Leibert Pierce, LLC, and Charles P. Gufford (Orlando), for appellant. Douglas J. Snyder, P.A., and Douglas J. Snyder, Miami, for appellee.

On Concession of Error

This appeal was initiated by Branch Banking and Trust Company (“BB & T”), plaintiff in a foreclosure case commenced in 2016, from a form order dismissing its case for lack of prosecution. The appellee/mortgagor, Hesed Investments, LLC (“Hesed”), has commendably and properly conceded that BB & T filed a pleading constituting record activity in the case within the 60-day period following the notice of lack of prosecution and order to appear issued by the trial court, thus precluding the involuntary dismissal which followed. Fla. R. Civ. P. 1.420(e); Wilson v. Salamon, 923 So. 2d 363, 368 (Fla. 2005).

Order of dismissal vacated; case reinstated and remanded to the trial court for further proceedings.

PER CURIAM.

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