Legal Opinion
Ocwen Loan Servicing, LLC v. Gundersen
District Court of Appeal of Florida
Decided September 28, 2016No. 4D15-2809PublishedCited by 8 opinions
1Opinion of the CourtLevine, J.
The issue presented for our consideration in this appeal of the dismissal of a complaint for mortgage foreclosure is whether the trial court abused its discretion in granting an involuntary dismissal after excluding the bank’s business records, which included records from the pri- or servicer. We find the trial court abused its discretion in excluding the records because the bank’s witness demonstrated sufficient familiarity with the boarding process, and his testimony established the trustworthiness of the prior servicer’s records. As such, we reverse the involuntary dismissal and remand for…
2Cases cited9 opinions
- Yisrael v. StateSupreme Court of Florida · 2008
- Kristy S. Holt v. Calchas, LLCDistrict Court of Appeal of Florida · 2015
- Love v. GarciaSupreme Court of Florida · 1994
- Cayea v. Citimortgage, Inc.District Court of Appeal of Florida · 2014
- Nationstar Mortgage, LLC v. BerdeciaDistrict Court of Appeal of Florida · 2015
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Wells Fargo Bank, N.A. v. EisenbergDistrict Court of Appeal of Florida · 2017
- Deutsche Bank National Trust Co. v. De BritoDistrict Court of Appeal of Florida · 2017
- DYCK-O'NEAL, INC. v. RUDOLPH HERMANDistrict Court of Appeal of Florida · 2020
- Frank Cayard v. US Bank National Association and Melrose Homes at Monarch Lakes Homeowners Association, Inc.District Court of Appeal of Florida · 2025
- Health and Wellness Evolution Co. a/a/o Earl Esperon v. Infinity Auto Insurance CompanyDistrict Court of Appeal of Florida · 2024
3 more not listed; retrieve them via the Exa API.