Legal Opinion
Darren Klemencic and Niurka Klemencic v. U.S. Bank National Association
District Court of Appeal of Florida
Decided July 30, 2014No. 4D13-3052PublishedCited by 5 opinions
1Opinion of the Court
CONCESSION OF ERROR
2Per curiam
Defendants appeal a final judgment of mortgage foreclosure in favor of U.S. Bank (“appellee”). Appellee concedes that the evidence presented at trial was insufficient to meet its burden of proving standing to enforce the note it introduced. See McLean v. JP Morgan Chase Bank Nat’l Ass’n, 79 So.3d 170, 173 (Fla. 4th DCA 2012) (finding that a “plaintiff must prove that it had standing to foreclose when the complaint was filed.” (citation omitted)). Because appellee failed to prove it had standing to foreclose, we reverse the final judgment and remand for the trial court to…
3Cases cited1 opinion
- McLean v. JP Morgan Chase Bank National Ass'nDistrict Court of Appeal of Florida · 2012
4Cited by5 opinions
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- Lirris Smith Gallimore v. Bank of America, National AssociationDistrict Court of Appeal of Florida · 2016
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