Legal Opinion
JUSTIN FRIEDLE and SANDRA FRIEDLE v. THE BANK OF NEW YORK MELLON, etc.
District Court of Appeal of Florida
Decided September 27, 2017No. 4D15-1750PublishedCited by 9 opinions
1Opinion of the Court
ON MOTION FOR REHEARING
Warner, J.
We grant the motions for. rehearing and clarification filed by appellee and amicus, withdraw the opinion, and substitute the following opinion in its place,
Appellants challenge a final judgment of foreclosure, contending that the Bank failed to prove standing. Because the ap-pellee did not prove that'the Bank had possession of the note and was thus a holder at the time 'of the filing of the complaint, we reverse.
The standard of review in determining whether a party has standing to bring an action is de novo. Boyd v. Wells Fargo Bank, N.A., 143 So.3d 1128, 1129…
2Cases cited6 opinions
- Florida East Coast Railway Company v. RouseSupreme Court of Florida · 1967
- Ricardo Ortiz, Nuria Almeida and Frank Padron v. PNC Bank, National AssociationDistrict Court of Appeal of Florida · 2016
- Rigby v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2012
- Shawn Boyd v. Wells Fargo BankDistrict Court of Appeal of Florida · 2014
- State Farm Fire and Cas. Co. v. LevineSupreme Court of Florida · 2002
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Madl v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2017
- BARRY KRONEN and MICHELLE KRONEN A/K/A MICHELE KRONEN v. DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE, etc.District Court of Appeal of Florida · 2019
- Cynthia L. Jackson v. Household Finance Corporation IIISupreme Court of Florida · 2020
- FRANK WATERS v. WILMINGTON TRUST, NATIONAL ASSOCIATIONDistrict Court of Appeal of Florida · 2018
- Kronen v. Deutsche Bank Nat'l Trust Co.District Court of Appeal of Florida · 2019
4 more not listed; retrieve them via the Exa API.