Legal Opinion

Heller v. Bank of America, N.A.

District Court of Appeal of Florida

Decided January 27, 2017No. Case 2D14-3530PublishedCited by 13 opinions

1Opinion of the Court

SILBERMAN, Judge.

After a bench trial, Gina D. Heller appeals a final judgment of foreclosure in favor of Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing LP (the Bank). Two issues require discussion. First, because the trial court erred in admitting a copy, rather than the original, of the promissory note into evidence over an objection based on the best evidence rule, we reverse the final judgment and remand for a new trial. Second, we address the trial court’s error in allowing inadmissible hearsay when the Bank’s…

2Cases cited9 opinions

  1. Mazine v. M & I BankDistrict Court of Appeal of Florida · 2011
  2. Deutsche Bank National Trust Co. v. ClarkeDistrict Court of Appeal of Florida · 2012
  3. Deutsche Bank National Trust Co. v. HuberDistrict Court of Appeal of Florida · 2014
  4. Stone v. BankUnitedDistrict Court of Appeal of Florida · 2013
  5. Sas v. Federal National Mortgage Ass'nDistrict Court of Appeal of Florida · 2013

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

3Cited by13 opinions

  1. PROVIDENT FUNDING ASSOCIATES, L. P. v. M D T R, AS TRUSTEEDistrict Court of Appeal of Florida · 2018
  2. MARLYN TRACEY v. WELLS FARGO BANK N. A.District Court of Appeal of Florida · 2019
  3. Winchel v. PennyMac Corp.District Court of Appeal of Florida · 2017
  4. ISAIAH L. SPENCER & SHATIKA L. SPENCER v. DITECH FINANCIAL, L L CDistrict Court of Appeal of Florida · 2018
  5. Mathis v. Nationstar Mortgage, LLCDistrict Court of Appeal of Florida · 2017

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

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