Legal Opinion

Susan Elman and Bruce Elman v. U.S. Bank, N.A.

District Court of Appeal of Florida

Decided April 6, 2016No. 4D14-2520Published

1Opinion

On Motion for Rehearing

MAY, J.

The bank moved for rehearing and for rehearing en banc. In its motion, it suggests that we have blurred the standard of review applicable to standing issues. We disagree. We deny the motion for rehearing, but issue this opinion to clarify the standard of review.1

The borrowers appealed a final judgment of foreclosure. They argued the trial court erred in entering the filial judgment of foreclosure because the bank lacked standing,, a pure question of law. We agreed and reversed.

Because standing is a pure question of law, the standard of review is 'de novo. Sosa v.…

2Cases cited8 opinions

  1. Sosa v. SAFEWAY PREMIUM FINANCE CO.Supreme Court of Florida · 2011
  2. Dixon v. Express Equity Lending Group, LLLPDistrict Court of Appeal of Florida · 2013
  3. Elston/Leetsdale, LLC v. CWCapital Asset Management LLCDistrict Court of Appeal of Florida · 2012
  4. Westport Recovery Corp. v. MidasDistrict Court of Appeal of Florida · 2007
  5. Bank of New York Mellon Trust Company, N.A. v. Dennis M. ConleyDistrict Court of Appeal of Florida · 2016

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