BRANCH BANKING AND TRUST COMPANY, etc., vs HESED INVESTMENTS, LLC, etc., et al.,

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Third District Court of Appeal State of Florida Opinion filed November 20, 2019. ________________ No. 3D19-1177 Lower Tribunal No. 16-22981 ________________ Branch Banking and Trust Company, etc., Appellant, vs. Hesed Investments, LLC, Appellee. An Appeal from the Circuit Court for Miami-Dade County, Martin Zilber, Judge. McCalla Raymer Leibert Pierce, LLC, and Charles P. Gufford (Orlando), for appellant. Douglas J. Snyder, P.A., and Douglas J. Snyder, for appellee. Before SALTER, HENDON and GORDO, JJ. PER CURIAM. On Concession of Error This appeal was initiated by Branch Banking and Trust Company (“BB&T”), plaintiff in a foreclosure case commenced in 2016, from a form order dismissing its case for lack of prosecution. The appellee/mortgagor, Hesed Investments, LLC (“Hesed”), has commendably and properly conceded that BB&T filed a pleading constituting record activity in the case within the 60-day period following the notice of lack of prosecution and order to appear issued by the trial court, thus precluding the involuntary dismissal which followed. Fla. R. Civ. P. 1.420(e); Wilson v. Salamon, 923 So. 2d 363, 368 (Fla. 2005). Order of dismissal vacated; case reinstated and remanded to the trial court for further proceedings. 2

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