Legal Opinion
Citibank, N.A. v. Olsak
District Court of Appeal of Florida
Decided November 30, 2016No. 3D15-1032PublishedCited by 12 opinions
1Opinion of the CourtScales, J.
Appellant, plaintiff below, Citibank, N.A., as trustee for the BSARM 2007-2 trust (the “Trust”), appeals a final judgment involuntarily dismissing the Trust’s foreclosure complaint post-trial. The trial court entered final judgment against the Trust based exclusively on Appellees’ expert witness who testified at trial that the Trust was not, and never had been, the holder of the subject note. We reverse because the trial court impermissibly relied upon the expert’s legal conclusions rather than competent, substantial evidence.
I. Facts
In -September of 2006, the now defunct Orion Bank loaned…
2Cases cited8 opinions
- McLean v. JP Morgan Chase Bank National Ass'nDistrict Court of Appeal of Florida · 2012
- Devin v. City of HollywoodDistrict Court of Appeal of Florida · 1976
- Wells Fargo Bank, N.A. v. MorcomDistrict Court of Appeal of Florida · 2013
- Verneret v. Foreclosure Advisors, LLCDistrict Court of Appeal of Florida · 2010
- PALM BEACH CTY. v. Town of Palm BeachDistrict Court of Appeal of Florida · 1983
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- HSBC Bank USA v. BusetDistrict Court of Appeal of Florida · 2018
- Gables Ins. Recovery, Inc. v. Citizens Prop. Ins. Corp.District Court of Appeal of Florida · 2018
- DEUTSCHE BANK TRUST COMPANY AMERICAS, etc. v. CHRISTOPHER HARRIS a/k/a CHRISTOPHER E. HARRISDistrict Court of Appeal of Florida · 2019
- Daniel J. Shamy, as Personal Representative of the Estate of Joseph E. Shamy v. Shovel Ready Projects, LLCDistrict Court of Appeal of Florida · 2026
- Erinson R. Hernandez v. U.S. Bank National AssociationDistrict Court, M.D. Florida · 2026
7 more not listed; retrieve them via the Exa API.