RAFAEL ALMENDRAL, et al., vs WELLS FARGO BANK, N.A., etc.,

Annotate this Case
Download PDF
Third District Court of Appeal State of Florida Opinion filed July 31, 2019. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D18-1368 Lower Tribunal No. 15-14905 ________________ Rafael Almendral, et al., Appellants, vs. Wells Fargo Bank, NA, etc., Appellee. An Appeal from the Circuit Court for Miami-Dade County, Dennis J. Murphy, Judge. Dennis A. Donet, P.A., and Dennis A. Donet, for appellants. McGlinchey Stafford, and William L. Grimsley and Peter J. Maskow (Jacksonville), for appellee. Before SALTER, LOGUE, and HENDON, JJ. PER CURIAM. Affirmed. See U.S. Bank Nat’l Ass’n v. Amaya, 254 So. 3d 579, 583 (Fla. 3d DCA 2018) (“Generally, an involuntary dismissal without prejudice does not operate as an adjudication on the merits.”); Nationstar Mortg., LLC v. Kee Wing, 210 So. 3d 216, 219 (Fla. 5th DCA 2017) (quoting Home Outlet, LLC v. U.S. Bank Nat’l Ass’n, 194 So. 3d 1075, 1077-78 (Fla. 5th DCA 2016)) (“A party seeking to reestablish a lost note may meet [the requirements of section 673.3091(1) of the Florida Statutes] either through a lost note affidavit or by testimony from a person with knowledge.”). 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.