Legal Opinion · Concurrence

Pealer v. Wilmington Trust National Association

District Court of Appeal of Florida

Decided March 17, 2017No. Case 2D15-2822Published

1Concurrence

SLEET, Judge,

Specially concurring.

Bonnie Pealer appeals the final judgment of foreclosure in favor of Wilmington Trust National Association. On appeal, Mrs. Pealer challenges the admission of the bank’s payment history, the bank’s standing to foreclose, and the award of attorney fees against Kathleen Bedard and Claud and Elizabeth Turner. I concur with the majority that none of Mrs. Pealer’s arguments have merit. I write only to note that because Mrs. Pealer was not a party to the underlying note and mortgage, it is questionable whether she even had standing to raise these issues below.

The…

2Cases cited18 opinions

  1. Hayes v. Guardianship of ThompsonSupreme Court of Florida · 2006
  2. Whitburn, LLC v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2015
  3. Corrigan v. Bank of America, N.A.District Court of Appeal of Florida · 2016
  4. Spinney v. Winter Park Building & Loan Ass'nSupreme Court of Florida · 1935
  5. U.S. Bank National Ass'n. v. BevansDistrict Court of Appeal of Florida · 2014

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