A state appellate court has revived the case of a pro se plaintiff who claimed Bank of America N.A. illegally locked her out of her Miami home without a foreclosure judgment.

Florida's Third District Court of Appeal reversed the dismissal with prejudice of plaintiff Arleen Hanna-Mack's complaint, remanding the case for the trial court to allow the Miami resident to amend her suit.

“The bank maintained that a pending foreclosure action authorized entry to Ms. Hanna-Mack's residence, but that is not discernible from the four corners of the complaint,” District Judge Vance Salter wrote in a unanimous decision with Judges Kevin Emas and Ivan Fernandez. “The allegations of unauthorized entry and conversion of personal property, assumed to be true at this stage, are a legally sufficient basis for relief unless and until the bank proves otherwise.”