Legal Opinion

Khleif v. Bankers Trust Company of California, N.A.

District Court of Appeal of Florida

Decided March 31, 2017No. Case 2D15-4853Published

1Opinion of the Court

SILBERMAN, Judge.

Rod Khleif appeals a final judgment of foreclosure in favor of Bankers Trust Company of California, N.A. Khleif contends that the trial court should have granted his motion for involuntary dismissal made at the dose of trial. He contends Bankers Trust failed to state a cause of action and prove an agreement existed when only the short-form mortgage was attached to the amended complaint and introduced into evidence, but the master-form mortgage was not attached or introduced. Because the short-form mortgage and mortgage note were sufficient prima facie evidence of an…

2Cases cited5 opinions

  1. Ernest v. CarterDistrict Court of Appeal of Florida · 1979
  2. Kelsey v. Suntrust Mortgage, Inc.District Court of Appeal of Florida · 2014
  3. Schopler v. SmilovitsDistrict Court of Appeal of Florida · 1997
  4. In Re AMENDMENTS TO the FLORIDA RULES OF CIVIL PROCEDURESupreme Court of Florida · 2016
  5. Hughes v. Home Savings of America, F.S.B.District Court of Appeal of Florida · 1996

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