Legal Opinion

Wells Fargo Bank, N.A. v. Eisenberg

District Court of Appeal of Florida

Decided May 31, 2017No. 4D16-2646PublishedCited by 6 opinions

1Opinion of the CourtKlingensmith, J.

Appellant Wells Fargo Bank, N.A. (“Bank”) appeals the involuntary dismissal of its foreclosure case against appellee Mara Elizabeth Eisenberg (“Borrower”). The trial court based' the dismissal on Bank’s failure to adequately prove damages. Bank alleges two grounds for reversal: 1) that the trial court erred by preventing Bank from admitting into evidence the portion of the loan payment history initially generated by the first servicer, which Bank incorporated into its own business records; and 2) that the court’s involuntary. dismissal was improper since' Bank prima, facie established the…

2Cases cited20 opinions

  1. Wolkoff v. American Home Mortgage Servicing, Inc.District Court of Appeal of Florida · 2014
  2. Deutsche Bank National Trust Co. v. HuberDistrict Court of Appeal of Florida · 2014
  3. Kristy S. Holt v. Calchas, LLCDistrict Court of Appeal of Florida · 2015
  4. Love v. GarciaSupreme Court of Florida · 1994
  5. Cayea v. Citimortgage, Inc.District Court of Appeal of Florida · 2014

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3Cited by6 opinions

  1. Deutsche Bank National Trust Co. v. De BritoDistrict Court of Appeal of Florida · 2017
  2. DEUTSCHE BANK TRUST COMPANY AMERICAS, etc. v. JB INVESTMENT REALTYDistrict Court of Appeal of Florida · 2019
  3. Richard M. Rigby v. Bank of New York MellonDistrict Court of Appeal of Florida · 2017
  4. Richard M. Rigby v. Bank of New York MellonDistrict Court of Appeal of Florida · 2017
  5. The Bank of New York Mellon, Etc. v. Gustavo AviglianoDistrict Court of Appeal of Florida · 2025

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