Legal Opinion
U.S. Bank, National Ass'n v. Angeloni
District Court of Appeal of Florida
Decided August 31, 2016No. 4D14-2507PublishedCited by 5 opinions
1Per curiam
The trial court granted an involuntary dismissal after the bank closed its case-in-chief at a trial on a mortgage foreclosure. We reverse.
“An involuntary dismissal is properly entered only where the evidence considered in the light most favorable to the non-moving party fails to establish a prima facie case for which relief may be granted.” Lizio v. McCullom, 36 So.3d 927, 929 (Fla. 4th DCA 2010) (internal citation omitted).
An employee of the servicer testified that the copy of the note admitted at trial, which contained an allonge with a blank indorsement, matched the true and correct copy…
2Cases cited3 opinions
- Ricardo Ortiz, Nuria Almeida and Frank Padron v. PNC Bank, National AssociationDistrict Court of Appeal of Florida · 2016
- Thomas Caraccia v. U.S. Bank, National AssociationDistrict Court of Appeal of Florida · 2016
- Lizio v. McCullomDistrict Court of Appeal of Florida · 2010
3Cited by5 opinions
- Deutsche Bank National Trust Co. v. ApplewhiteDistrict Court of Appeal of Florida · 2017
- Deutsche Bank National Trust Co. v. MobleyDistrict Court of Appeal of Florida · 2017
- FEDERAL NATIONAL MORTGAGE ASSOCIATION v. MAXIMO R. TRINIDAD and THERESA A. TRINIDADDistrict Court of Appeal of Florida · 2023
- U. S. BANK NATIONAL ASSOCIATION, AS TRUSTEE v. TAMMY L. COOKDistrict Court of Appeal of Florida · 2019
- WELLS FARGO BANK, N.A. v. MARGARETH F BRICOURTDistrict Court of Appeal of Florida · 2020