On January 31, 2020, the Second District Court of Appeal in HSBC Bank USA, N.A. v. Sherman, held “that as a dismissal without prejudice does not constitute an adjudication on the merits, in which Plaintiff did not need to send an additional notice of default letter before refiling.”
In reaching this decision, the Second District Court of Appeal cited to PNC Bank, N.A. v. Otero, 277 So. 3d 199 (Fla. 3d DCA 2019), where the the Court held that a dismissal without prejudice “does not constitute an adjudication on the merits” and that “following an involuntary dismissal without prejudice ‘there [is] no practical purpose in requiring an additional notice [of default].' ” Id. at 200-01 (alterations in original) (quoting Sill v. JPMorgan Chase Bank, Nat'l Ass'n, 182 So. 3d 851, 852-53 (Fla. 4th DCA 2016)). Because the instant complaint alleged the same breach as the previous complaint, HSBC was not required to send a new notice under paragraph 22 of the mortgage. See id. at 201 (“[As the first complaint was] dismissed without prejudice, . . . [the original] notice of default remained valid and a second notice of default was not required before filing the second complaint based on the same default.” (alterations in original) (quoting Sill, 182 So. 3d at 852-53)). *This case is not yet final, subject to rehearing*
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