Legal Opinion
Bayview Loan Servicing, LLC v. Del Lupo
District Court of Appeal of Florida
Decided January 4, 2017No. 4D15-1088PublishedCited by 4 opinions
1Opinion of the CourtKlingensmith, J.
Bayview Loan Servicing, LLC (“Bay-view”) brought a foreclosure action against appellees. At the conclusion of Bayview’s presentation of evidence, appellees moved for dismissal, claiming Bayview failed to prove damages. The trial court agreed and entered an order of involuntary dismissal. This was error and we reverse.
At trial, Bayview presented witnesses who testified that appellees were in default on their payments. The court also admitted into evidence a copy of appellees’ payment history showing that the principal balance due on the note was $300,000. Based on the payment history, another…
2Cases cited6 opinions
- Deutsche Bank National Trust Co. v. HuberDistrict Court of Appeal of Florida · 2014
- Brian M. Beauchamp v. The Bank of New York Trust CompanyDistrict Court of Appeal of Florida · 2014
- McCabe v. HanleyDistrict Court of Appeal of Florida · 2004
- Hack v. Estate of HellingDistrict Court of Appeal of Florida · 2002
- Wachovia Mortgage, F.S.B. v. GoodwillDistrict Court of Appeal of Florida · 2016
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
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- DEUTSCHE BANK TRUST COMPANY AMERICAS, etc. v. JB INVESTMENT REALTYDistrict Court of Appeal of Florida · 2019
- Bank of New York Mellon v. ThompsonDistrict Court of Appeal of Florida · 2017
- The Bank of New York Mellon, Etc. v. Gustavo AviglianoDistrict Court of Appeal of Florida · 2025