Legal Opinion

Edmonds v. U.S. Bank National Association

District Court of Appeal of Florida

Decided April 5, 2017No. Case 2D15-2590PublishedCited by 13 opinions

1Opinion of the Court

SILBERMAN, Judge.

After a nonjury trial, Douglas C. Ed-monds and Archondoula N. Edmonds appeal a final judgment of foreclosure entered in favor of JP Morgan Chase Bank, National Association (JP Morgan). Because the appellees failed to establish that notice of default was given as required by paragraph 22 of the mortgage, which was a condition precedent to filing suit, we reverse the final judgment and remand for the trial court to enter an order of involuntary dismissal.

The condition precedent issue is disposi-tive of this appeal. Thus, we do not address the other issues that the Edmonds…

2Cases cited3 opinions

  1. Burt v. Hudson & Keyse, LLCDistrict Court of Appeal of Florida · 2014
  2. Citimortgage, Inc. v. HoskinsonDistrict Court of Appeal of Florida · 2016
  3. Bruce L. Blum v. Deutsche Bank Trust Company, Americas as TrusteeDistrict Court of Appeal of Florida · 2015

3Cited by13 opinions

  1. Madl v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2017
  2. MARLYN TRACEY v. WELLS FARGO BANK N. A.District Court of Appeal of Florida · 2019
  3. ISAIAH L. SPENCER & SHATIKA L. SPENCER v. DITECH FINANCIAL, L L CDistrict Court of Appeal of Florida · 2018
  4. Kamin v. Federal National Mortgage Ass'nDistrict Court of Appeal of Florida · 2017
  5. HSBC BANK USA v. DAVID MAGUADistrict Court of Appeal of Florida · 2018

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