Legal Opinion
U.S. Bank National Ass'n Ex Rel. Holders of the Home Equity Asset Trust 2002-4 Home Equity Pass-Through Certificates, Series 2002-4 v. Doepker
District Court of Appeal of Florida
Decided May 24, 2017No. Case 2D15-5307PublishedCited by 5 opinions
1Opinion of the Court
SLEET, Judge.
U.S. Bank National Association appeals the order granting summary judgment in favor of Donald and Mary Doepker and dismissing its complaint without prejudice to file a new lawsuit. The Doepkers challenged'the bank’s compliance with paragraph 22 of the mortgage by filing a single motion seeking both summary judgment and dismissal of the bank’s complaint. The trial court ultimately agreed with the Doepkers’ argument that the bank’s notice of default was defective and granted the motion to dismiss and entered summary judgment for the Doepkers. This was error. ’
We review an order…
2Cases cited9 opinions
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- Mortgage Electronic Registration v. AzizeDistrict Court of Appeal of Florida · 2007
- Konsulian v. Busey Bank, N.A. ex rel. Acquisition of Tarpon Coast National BankDistrict Court of Appeal of Florida · 2011
- Holland v. Anheuser Busch, Inc.District Court of Appeal of Florida · 1994
- Diaz v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2016
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