LOANCARE LLC v. CHESTNUT (2021)

District Court of Appeal of Florida, Fifth District.

LOANCARE, LLC, Appellant, v. Latanya M. CHESTNUT a/k/a Latanya Michelle White Chestnut a/k/a Latanya White Chestnut a/k/a Latonya Chestnut, Travis U. Chestnut a/k/a Travis Chestnut a/k/a Travis Undray Chestnut, et al., Appellees.

Case No. 5D21-239

Decided: October 29, 2021

Zachary Ullman, Julia Poletti, and Jennifer Travieso, of Aldridge Pite, LLP, Delray Beach, for Appellant. No Appearance for Appellees.

Loancare, LLC, appeals an order dismissing its foreclosure complaint with prejudice, arguing inter alia, that the trial court erred when it sua sponte dismissed based on unpled affirmative defenses. We agree and reverse. See Liton Lighting v. Platinum Television Grp., Inc., 2 So. 3d 366, 367 (Fla. 4th DCA 2008) (“A trial judge may not sua sponte dismiss an action based on affirmative defenses not raised by proper pleadings.” (citation omitted)).

REVERSED and REMANDED.

PER CURIAM.

WALLIS, EISNAUGLE and SASSO, JJ., concur.

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