CARLOS RODRIGUEZ vs BANK OF AMERICA, N.A., RODRIQUE ANGELICUS SOVEREIGN TRUST DATED 7/16/10, THE OAKS MASTER PROPERTY ASSOCIATION, INC.

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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 CARLOS RODRIGUEZ, Appellant, v. Case No. 5D18-2228 BANK OF AMERICA, N.A., RODRIQUE ANGELICUS SOVEREIGN TRUST DATED 7/16/10, THE OAKS MASTER PROPERTY ASSOCIATION, INC., Appellees. ________________________________/ Opinion filed November 22, 2019 Appeal from the Circuit Court for Osceola County, Jeffords D. Miller, Senior Judge. 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. PER CURIAM. 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. ORFINGER and LAMBERT, JJ., and JACOBUS, B.W., Senior Judge, concur. 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))). 2

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