Legal Opinion

U.S. Bank National Ass'n v. Roseman

District Court of Appeal of Florida

Decided March 15, 2017No. 4D16-876PublishedCited by 1 opinion

1Opinion of the CourtGerber, J.

The bank appeals from the trial court’s final order of involuntary dismissal of the bank’s foreclosure action against the homeowners. The bank argues the trial court erred in two respects: (1) by denying the admissibility of the original note into evidence; and (2) by involuntarily dismissing the bank’s foreclosure action as a result. We agree with both arguments and reverse for a new trial.

We present this opinion in five parts:

1. the parties’ pleadings;

*7302. the trial proceedings;

3. the trial court’s error in denying the original note’s admissibility;

4. the trial court’s error in involuntarily…

2Cases cited5 opinions

  1. Peacock v. Farmers and Merchants BankDistrict Court of Appeal of Florida · 1984
  2. Wachovia Mortgage, FSB v. MontesDistrict Court of Appeal of Florida · 2015
  3. Michael Maslak v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2016
  4. Wells Fargo Bank, N.A. v. Alfredo Gonzalez, Alexandra Gonzalez a/k/a Alexandra B. Gonzalez, Magaly M. Gonzalez, etc.District Court of Appeal of Florida · 2016
  5. Deutsche Bank National Trust Company v. Janet Stone and Robert StoneDistrict Court of Appeal of Florida · 2015

3Cited by1 opinion

  1. THIRD FEDERAL SAVINGS AND LOAN ASSOCIAITON OF CLEVELAND v. LEAH G. KOULOUVARIS A/ K/ A LEAH KOULOUVARISDistrict Court of Appeal of Florida · 2018

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