Third District Court of Appeal
State of Florida
Opinion filed March 1, 2017.
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No. 3D16-1933
Lower Tribunal No. 09-82628
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Victor Rodriguez,
Appellant,
vs.
Wachovia Mortgage, FSB,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Jennifer D.
Bailey, Judge.
Victor Rodriguez, in proper person.
McGuireWoods LLP, and Sara F. Holladay-Tobias, Emily Y. Rottmann, and
C.H. Houston, III (Jacksonville), for appellee.
Before LAGOA, SALTER, and FERNANDEZ, JJ.
PER CURIAM.
CONFESSION OF ERROR
Appellant, Victor Rodriguez (“Rodriguez”), appeals from the entry of a
Final Foreclosure Judgment in favor of Appellee, Wells Fargo Bank, N.A., as
successor in interest to Wachovia Mortgage, FSB (the “Bank”). The Bank
concedes that Rodriguez was not a party below. Based on the Bank’s confession
of error, we reverse the trial court’s entry of Final Judgment of Foreclosure, and
remand to the trial court for vacatur of the Final Judgment of Foreclosure.1
1On remand, the Bank may file a motion to amend the complaint to include the
proper parties.
2