Florida District Courts of Appeal, 2005

Beneficial Mortgage Co. v. Oxidine

Beneficial Mortgage Co. v. Oxidine
Florida District Courts of Appeal · Decided May 18, 2005 · Gunther, Hazouri, Polen
901 So. 2d 1022; 2005 Fla. App. LEXIS 7288; 2005 WL 1163157 (Southern Reporter, Second Series)

Beneficial Mortgage Co. v. Oxidine

Opinion of the Court

PER CURIAM.

Beneficial Mortgage Company of Florida (Beneficial) appeals from a trial court’s order dismissing with prejudice it’s foreclosure action against Charles T. Oxidine.

Beneficial asserts that the trial court erred in entering an order vacating a final judgment and dismissing the foreclosure action with prejudice upon Beneficial’s motion to vacate the final judgment and the dismissal without prejudice. We agree and reverse and remand to the trial court to enter an order dismissing without prejudice.

Reversed and Remanded.

GUNTHER, POLEN and HAZOURI, JJ., concur.

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