MALAGON. A/K/A/CARLOS & ROSALBA MALAGON V. CITIMORTGAGE
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Third District Court of Appeal State of Florida, July Term, A.D. 2011 Opinion filed November 23, 2011. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D11-395 Lower Tribunal No. 08-59543 ________________ Carlos Humberto Malagon a/k/a Carlos Malagon and Rosalba Malagon, Appellants, vs. Citimortgage, Inc. f/k/a Citifinancial Mortgage Company d/b/a Citifinancial Mortgage Company (DE), Appellee. An Appeal from a non-final order from the Circuit Court for Miami-Dade County, David C. Miller, Judge. Garry W. Johnson and Bruce K. Herman (Fort Lauderdale), for appellants. Burr & Forman and Reid S. Manley and Christine Irwin Parrish (Orlando), for appellee. Before SUAREZ and ROTHENBERG, JJ., and SCHWARTZ, Senior Judge. SUAREZ, J. Appellants, Carlos Humberto Malagon a/k/a Carlos Malagon and Rosalba Malagon appeal the trial court s order denying their motion to vacate final judgment of foreclosure and to cancel and/or rescind sale. Appellee, Citimortgage, Inc., concedes error on the trial court s denial of appellants motion to vacate the final judgment of foreclosure.1 Appellee consents to a reversal of the order and a remand for further proceedings. Upon concession of error, this Court, therefore, reverses the trial court s denial of appellants motion to vacate the final judgment of foreclosure and remands for further proceedings. Reversed and remanded. 1 This Court appreciates appellee s candor in conceding error. 2
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