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Diedrick-Clarke v. Washington Mut. Bank, 73 So. 3d 814 (Fla. 4th DCA 2011)

Diedrick-Clarke v. Washington Mut. Bank, 73 So. 3d 814 (Fla. 4th DCA 2011)

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Published by: FloridaLegalBlog on Jan 03, 2012
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01/03/2012

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D
ISTRICT 
C
OURT 
O
F
A
PPEAL 
O
F
 T 
HE
S
 TATE
O
F
F
LORIDA
 
F
OURTH
D
ISTRICT 
 
July Term 2011
TRUDY DIEDRICK-CLARKE,
Appellant,v.
WASHINGTON MUTUAL BANK,
Appellee.No. 4D10-3881[October 5, 2011]CORRECTED OPINIONP
ER
C
URIAM
. Trudy Diedrick-Clarke appeals from a final summary judgment of foreclosure in favor of appellee and an order denying her motion to setcase for mediation. JPMorgan Chase Bank National Association, as theacquirer of certain assets and liabilities of appellee (
 JPMorgan
),confesses that the trial court committed procedural errors relating to thesummary judgment hearing and the evidence presented. However, withrespect to the order denying Diedrick-
Clarke’s
motion to set case formediation, JPMorgan argues that the trial court did not abuse itsdiscretion in denying the motion. We agree.As to the issues relating to the confession of error, we reverse thesummary judgment and remand for further proceedings consistent withthe laws and rules of procedure applicable to the underlying foreclosureproceeding.
Gulf Power Co. v. Illinois-Florida Land Co.
, 132 So. 109 (Fla.1931);
Indian Harbor Estates, Inc. v. Wagner 
, 148 So. 2d 757 (Fla. 1stDCA 1963).Next, Diedrick-Clarke argues that the trial court abused its discretionby denying her motion to compel the parties to mediation pursuant tothe Seventeenth Judicial Circuit Administrative Order 2010-29-Civ.,amended and superseded by Administrative Order 2011-13-Civ. A plainreading of the administrative order leads us to conclude that the trialcourt is granted the exclusive discretion to decide whether to compel

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