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CITIBANK, N.A. v. KONIGSBERG

No. 2D13-3586.

149 So.3d 1185 (2014)

CITIBANK, N.A., Appellant, v. Seymour KONIGSBERG and Mortgage Electronic Registration Systems, Incorporated, as Nominee for Beazer Mortgage Corporation, Appellees.

District Court of Appeal of Florida, Second District.

October 29, 2014.

Attorney(s) appearing for the Case

Christen Spake and Benjamin B. Brown of Quarles & Brady LLP, Naples, for Appellant.

No appearance for Appellees.

SILBERMAN, Judge.

Citibank, N.A., appeals an order of dismissal without prejudice in its action to reestablish a lost promissory note and to foreclose a mortgage against Seymour Konigsberg. Because there was record activity to avoid dismissal under Florida Rule of Civil Procedure 1.420(e), the trial court erred in dismissing the action for lack of prosecution. Thus, we reverse and remand for further proceedings.

Citibank correctly contends that the trial court...

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