Legal Opinion

Deutsche Bank National Trust Co. Ex Rel. LSF MRA Pass-Through Trust v. Perez

District Court of Appeal of Florida

Decided December 9, 2015No. 15-0058PublishedCited by 9 opinions

1Opinion of the Court

WELLS, Judge.

Déutsche Bank National Trust Company on behalf of LSF MRA Pass-Through Trust appeals from an order dismissing this mortgage foreclosure action because the bank failed to provide the name of the corporate representative who would testify at trial.' Because no prejudice was suggested much less demonstrated below as a consequence of this failure, and because no basis exists to impose such a harsh sanction, we reverse and remand this matter for trial.

This action commenced on October 28, 2009, and was set for trial on seven different occasions over the next five years. On October 21,…

2Cases cited6 opinions

  1. Binger v. King Pest ControlSupreme Court of Florida · 1981
  2. Pascual v. DozierDistrict Court of Appeal of Florida · 2000
  3. Allstate Property & Casualty Insurance v. LewisDistrict Court of Appeal of Florida · 2009
  4. Lugo v. Florida East Coast Ry. Co.District Court of Appeal of Florida · 1986
  5. Progressive Consumers Insurance v. Deco Natural Stone, Inc.District Court of Appeal of Florida · 2002

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. U.S. Bank National Ass'n v. RodriguezDistrict Court of Appeal of Florida · 2016
  2. White v. Ring Power Corp.District Court of Appeal of Florida · 2018
  3. Bank of New York Mellon v. PearsonDistrict Court of Appeal of Florida · 2017
  4. Nationstar Mortgage, LLC v. CastroDistrict Court of Appeal of Florida · 2016
  5. ANGEL MONTERO v. RAUL CORZODistrict Court of Appeal of Florida · 2021

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API