Wells Fargo Bank, N.A. v. Giglio, No. 4D12-418 (Fla. 4th DCA 2013):
Wells Fargo sought reversal of the trial court’s order denying its requests to: (1) approve a dismissal of the case; (2) set aside the previously entered final judgment; (3) cancel the notice of lis pendens; and (4) direct the clerk to return the original loan documents upon which the foreclosure action was based. Wells Fargo made these requests because the defendant in the foreclosure action delivered funds sufficient to reinstate the mortgage. Wells Fargo accepted the funds and the need of a foreclosure sale or further litigation unnecessary. Although the foreclosure sale took place, it was vacated by the trial court at Wells Fargo’s request.