Legal Opinion

Trenda Kinney f/k/a Trenda Boutin and Peter Kinney v. Countrywide Home Loan Servicing, L.P.

District Court of Appeal of Florida

Decided April 29, 2015No. 4D13-3811PublishedCited by 4 opinions

1Opinion of the CourtDamoorgian, C.J.

Appellants, Trenda and Peter Kinney, appeal a final judgment of foreclosure entered in favor of Countrywide Home Loans Servicing, L.P. (“the Bank”) following a bench trial. They argue that the matter should have proceeded to a jury trial, and in the alternative, that the trial court erred in allowing the Bank to introduce the original promissory note into evidence at trial. Finding no merit in either arguipent, we affirm and write only to address Appellants’ jury trial argument.

In 2007, Appellants obtained a mortgage loan from Southstar Funding, LLC, and in return, executed a promissory note…

2Cases cited8 opinions

  1. Riggs v. AURORA LOAN SERVICES, LLCDistrict Court of Appeal of Florida · 2010
  2. Padgett v. First Federal S & L Ass'nDistrict Court of Appeal of Florida · 1979
  3. Commercial Bank v. First National BankSupreme Court of Florida · 1920
  4. Royal Palm Corporate Center Ass'n v. PNC Bank, NADistrict Court of Appeal of Florida · 2012
  5. Cheek v. McGowan Elec. Supply Co.District Court of Appeal of Florida · 1981

3 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Franchas Holdings, L.L.C. v. DameronOhio Court of Appeals · 2016
  2. TD Bank, N.A. v. GraubardDistrict Court of Appeal of Florida · 2015
  3. Collins Asset Group, LLC v. Property Asset Management, etc.District Court of Appeal of Florida · 2016
  4. JULIO LAGO v. MERCANTIL COMMERCEBANK, N.A., etc.District Court of Appeal of Florida · 2021

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