RODRIGUEZ v. BANK OF AMERICA 16 10 (2019)

District Court of Appeal of Florida, Fifth District.

Carlos RODRIGUEZ, Appellant, v. BANK OF AMERICA, N.A., Rodrique Angelicus Sovereign Trust Dated 7/16/10, The Oaks Master Property Association, Inc., Appellees.

Case No. 5D18-2228

Decided: November 22, 2019

Keith P. Arago, of Arago Law Firm, PLLC, Kissimmee, for Appellant. Elizabeth Ann Henriques and Tricia J. Duthiers, of Liebler Gonzalez & Portuondo, Miami, for Appellee, Bank of America, N.A. No Appearance for Other Appellees, Rodrique Angelicus Sovereign Trust Dated 7/16/10, or The Oaks Master Property Association, Inc.

Appellant, Carlos Rodriguez, challenges the final judgment of foreclosure entered against him and in favor of Appellee, Bank of America, N.A., following trial. Concluding that the trial court erred in denying Rodriguez's unopposed motion to continue the trial, we reverse the final judgment and remand for further proceedings.¹

REVERSED and REMANDED.

FOOTNOTES

1. On remand, the trial court should also reconsider its denial of Appellee's verified motion for relief from its technical admissions to Appellant's request for admissions filed under Florida Rule of Civil Procedure 1.370. See Wells Fargo Bank, N.A. v. Shelton, 223 So. 3d 414, 416 (Fla. 5th DCA 2017) (“Rule 1.370 has been liberally interpreted, and there is a ‘strong preference that genuinely disputed claims be decided upon their merits rather than technical rules of default.’ ” (quoting Wells Fargo Bank Nat'l Ass'n v. Voorhees, 194 So. 3d 448, 451 (Fla. 2d DCA 2016))).

PER CURIAM.

ORFINGER and LAMBERT, JJ., and JACOBUS, B.W., Senior Judge, concur.

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