Leroux v. Bank of America
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED NATALIE LEROUX, Appellant, v. Case No. 5D15-1039 BANK OF AMERICA, N.A., Appellee. ________________________________/ Opinion filed May 13, 2016 Appeal from the Circuit Court for Volusia County, William A. Parsons, Judge. Nicholas A. Vidoni, of Watson, Soileau, Deleo, Burgett & Pickles, P.A., Cocoa, for Appellant. Nancy M. Wallace, of Akerman LLP, Tallahassee; William P. Heller, of Akerman LLP, Fort Lauderdale; and Celia C. Falzone, of Akerman LLP, Jacksonville, for Appellee. PER CURIAM. We conclude that under the facts of this case, the trial court abused its discretion in denying the unopposed motion to vacate foreclosure sale. The record reflects that the parties had not engaged in dilatory tactics and that granting the motion would not have unduly interfered with the efficient administration of justice. See Wells Fargo Bank, N.A. v. Lupica, 36 So. 3d 875, 876 (Fla. 5th DCA 2010). REVERSED and REMANDED. PALMER, EVANDER and COHEN, JJ., concur. 2
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