Opinion
No. 4D11–3510.
2012-11-7
WELLS FARGO BANK, NA, Appellant, v. The UNKNOWN HEIRS OF Patricia A. CHIPNER, Appellees.
Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Indian River County; Cynthia L. Cox, Judge; L.T. Case No. 10–73231 CA. Michael K. Winston, Dean A. Morande, and Donna L. Eng of Carlton Fields, P.A., West Palm Beach, for appellant. No appearance for appellees.
Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Indian River County; Cynthia L. Cox, Judge; L.T. Case No. 10–73231 CA.
Michael K. Winston, Dean A. Morande, and Donna L. Eng of Carlton Fields, P.A., West Palm Beach, for appellant. No appearance for appellees.
PER CURIAM.
After a default had been entered against the borrower in a mortgage foreclosure action, the circuit court sua sponte dismissed the case for the plaintiff's lack of standing to file the complaint. We reverse on the authority of National City Bank v. Nagel, 95 So.3d 458 (Fla. 4th DCA 2012) and remand to the circuit court for further proceedings. See also GMAC Mort., LLC. v. Choengkroy, 98 So.3d 781 (Fla. 4th DCA 2012).