Legal Opinion

Lloyd Steve Burdeshaw and Teresa Burdeshaw v. The Bank of New York Mellon etc.

District Court of Appeal of Florida

Decided October 12, 2014No. 1D13-2703PublishedCited by 15 opinions

1Opinion of the CourtClark, J.

The Burdeshaws appeal the final judgment of foreclosure in favor of The Bank of New York Mellon (“BNYM”), contending that the evidence to support the amount of indebtedness was inadmissible hearsay and thus, no admissible evidence supported the trial court’s determination of the amount due. In addition to reversal of the final judgment, the Burdeshaws seek remand of this case with instructions to dismiss, based on a meritorious motion pursuant to rule 1.420(e), Florida Rules of Civil Procedure, taken under advisement by the trial judge and denied de facto when the court eventually conducted a…

2Cases cited11 opinions

  1. Yisrael v. StateSupreme Court of Florida · 2008
  2. Wilson v. SalamonSupreme Court of Florida · 2005
  3. Wolkoff v. American Home Mortgage Servicing, Inc.District Court of Appeal of Florida · 2014
  4. Mazine v. M & I BankDistrict Court of Appeal of Florida · 2011
  5. Metropolitan Dade County v. HallSupreme Court of Florida · 2001

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

3Cited by15 opinions

  1. Nationstar Mortgage, LLC v. BerdeciaDistrict Court of Appeal of Florida · 2015
  2. Colson v. State Farm Bank, F.S.B.District Court of Appeal of Florida · 2015
  3. Clay County Land Trust 08-04-25-0078-014-27 v. JPMorgan Chase Bank, National Ass'nDistrict Court of Appeal of Florida · 2014
  4. David Lee Ham, Jr. v. Nationstar Mortgage, LLC.District Court of Appeal of Florida · 2015
  5. ISAIAH L. SPENCER & SHATIKA L. SPENCER v. DITECH FINANCIAL, L L CDistrict Court of Appeal of Florida · 2018

10 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