HARVEY S. LEE, v. WELLS FARGO BANK, NA.
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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA HARVEY S. LEE, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D11-6305 WELLS FARGO BANK, NA, Appellee. ___________________________/ Opinion filed July 31, 2012. An appeal from an order of the Clay County Circuit Court. John H. Skinner, Judge. Sean C. Barber of the Law Offices of Bohdan Neswiacheny, Orange Park, for Appellant. Dean A. Morande, Michael K. Winston, Cynthia L. Comras, and Donna L. Eng of Carlton Fields, P.A., West Palm Beach, for Appellee. PER CURIAM. Appellant seeks review of a final summary judgment of foreclosure. He argues that summary judgment was improperly entered because there was a disputed issue of material fact regarding the lender s compliance with the notice requirements for accelerating the mortgage. Appellee concedes error. Accordingly, we reverse and remand the judgment on appeal for further proceedings. Appellant s motion for attorney s fees is denied without prejudice. See Termaforoosh v. Wash, 952 So. 2d 1247 (Fla. 5th DCA 2007). REVERSED. DAVIS, LEWIS, and MAKAR, JJ., CONCUR. 2
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