Legal Opinion

Wachovia Mortgage, F.S.B. v. Goodwill

District Court of Appeal of Florida

Decided August 10, 2016No. 4D14-4286PublishedCited by 7 opinions

1Per curiam

Wachovia Mortgage, FSB, appeals the order granting Maria Angela Goodwill and Jeff Fitzgerald’s motion for involuntary dismissal of Wachovia’s mortgage foreclosure suit. The trial court dismissed this case after determining that there was insufficient evidence of Wachovia’s standing to foreclose and of the amount of damages it sought. We reverse the involuntary dismissal because the evidence was legally sufficient as to both standing and damages. However, because the evidence of damages, while sufficient, included a payment history for which Wachovia failed to lay the necessary foundation for…

2Cases cited3 opinions

  1. Brian M. Beauchamp v. The Bank of New York Trust CompanyDistrict Court of Appeal of Florida · 2014
  2. Brandenburg v. Residential Credit Solutions, Inc.District Court of Appeal of Florida · 2014
  3. Stanley v. Wells Fargo BankDistrict Court of Appeal of Florida · 2006

3Cited by7 opinions

  1. Wells Fargo Bank, N.A. v. EisenbergDistrict Court of Appeal of Florida · 2017
  2. Bayview Loan Servicing, LLC v. Del LupoDistrict Court of Appeal of Florida · 2017
  3. JONATHAN ROUFFE and RACHEL PEARL a/k/a RACHEL ROUFFE v. CITIMORTGAGE, INC.District Court of Appeal of Florida · 2018
  4. Dynasty Props., LLC v. U.S. Bank, N.A.District Court of Appeal of Florida · 2019
  5. Dynasty Props., LLC v. U.S. Bank, N.A.District Court of Appeal of Florida · 2019

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