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WELLS FARGO BANK, N.A. v. BOHATKA

No. 1D11-3356.

112 So.3d 596 (2013)

WELLS FARGO BANK, N.A., as Trustee for Option One Mortgage Loan Trust 2005-5 Asset-Backed Certificates, Series 2005-5, Appellant, v. William BOHATKA, et al., Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied May 24, 2013.

Attorney(s) appearing for the Case

Jason F. Joseph and Danielle Delucca, Gladstone Law Group, P.A., Boca Raton, for Appellant.

Sharon Delene Regan, Regan & Roark, Pensacola, and Gregory B. Wilhelm, Law Offices of Martinez & Wilhelm, PA, Gulf Breeze, for Appellee.

MAKAR, J.

Wells Fargo Bank, N.A., appeals the dismissal with prejudice of its initial complaint seeking to foreclose the mortgage on property owned by William and Gail Bohatka. The bank claims the trial court erred by going beyond the four corners of its complaint. We agree and hold that, although dismissal of the initial complaint was proper, dismissal with prejudice was not. We further hold that the trial court's sua sponte physical examination of the original of...

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