Legal Opinion

Barrnunn, LLC v. Talmer Bank & Trust

District Court of Appeal of Florida

Decided February 1, 2013No. 2D12-446PublishedCited by 5 opinions

1Opinion of the Court

KHOUZAM, Judge.

BarrNunn, LLC, appeals a final judgment of foreclosure entered in favor of Talmer Bank and Trust. Because the trial court entered final judgment without complying with section 702.10(1), Florida Statutes (2011), we reverse and remand for further proceedings.

The facts are undisputed. On August 15, 2011, Talmer filed a complaint against BarrNunn and others seeking to foreclose on a mortgage. On the same day, Talmer filed a motion pursuant to section 702.10(1) requesting that the trial court enter an order to show cause why a final judgment of foreclosure should not be entered.…

2Cases cited4 opinions

  1. Applegate v. Barnett Bank of TallahasseeSupreme Court of Florida · 1979
  2. Borden v. East-European Ins. Co.Supreme Court of Florida · 2006
  3. American Home Assur. v. PLAZA MATERIALSSupreme Court of Florida · 2005
  4. Lehew v. LarsenDistrict Court of Appeal of Florida · 1960

3Cited by5 opinions

  1. Smith v. Reverse Mortgage Solutions, Inc.District Court of Appeal of Florida · 2016
  2. Madura v. BAC Home Loans Servicing, LPCourt of Appeals for the Eleventh Circuit · 2016
  3. MDTR LLC v. Deutsche Bank National Trust Co.District Court of Appeal of Florida · 2017
  4. Smith v. Reverse MortgageDistrict Court of Appeal of Florida · 2015
  5. Smith v. Reverse Mortgage Solutions, Inc.District Court of Appeal of Florida · 2016

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