Legal Opinion

Laurencio v. Deutsche Bank National Trust Co.

District Court of Appeal of Florida

Decided July 27, 2011No. 2D10-2448PublishedCited by 25 opinions

1Opinion of the Court

VILLANTI, Judge.

In this mortgage foreclosure action, Pedro F. Laurencio and Esteves Pedro1 appeal the trial court’s order granting summary judgment in favor of Deutsche Bank National Trust Company. Laurencio argues, among several things,2 that Deutsche Bank failed to meet a condition precedent to filing the complaint and filed suit prematurely, without giving them adequate notice and an opportunity to cure the alleged default. Laurencio also argues that the trial court erred in denying the motion to amend the answer and affirmative defenses. We agree on both issues and reverse.

On December 9,…

2Cases cited6 opinions

  1. Moore v. MorrisSupreme Court of Florida · 1985
  2. Githens v. BON SECOURS-MARIA MANORDistrict Court of Appeal of Florida · 2006
  3. Konsulian v. Busey Bank, N.A. ex rel. Acquisition of Tarpon Coast National BankDistrict Court of Appeal of Florida · 2011
  4. Bill Williams Air Conditioning & Heating, Inc. v. Haymarket Co-Op. BankDistrict Court of Appeal of Florida · 1991
  5. Gate Lands Co. v. OLD PONTE VEDRA CONDO.District Court of Appeal of Florida · 1998

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3Cited by25 opinions

  1. Green Tree Servicing, LLC v. MilamDistrict Court of Appeal of Florida · 2015
  2. Bryson v. Branch Banking and Trust Co.District Court of Appeal of Florida · 2011
  3. JVN Holdings, Inc. v. American Construction & Repairs, LLCDistrict Court of Appeal of Florida · 2016
  4. Cobbum v. Citimortgage, Inc.District Court of Appeal of Florida · 2015
  5. Nabbie v. Orlando OutletDistrict Court of Appeal of Florida · 2018

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

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