Legal Opinion

Green Tree Servicing, LLC v. Simms

District Court of Appeal of Florida

Decided June 14, 2019No. Case No. 5D17-725Published

1Opinion of the CourtLambert, J.

*1189Green Tree Servicing, LLC ("Green Tree") appeals the trial court's involuntary dismissal of the mortgage foreclosure action it brought against the borrower, Jill-Capri Simms. At the close of Green Tree's case-in-chief, the court granted Simms's motion to dismiss, finding that Green Tree had misapplied a pre-suit $ 9203.47 payment allegedly made by Simms to cure the then-existing default on the subject promissory note and mortgage. Green Tree argues that the trial court abused its discretion in excluding certain business records that, if admitted into evidence, would have shown that Simms did…

2Cases cited8 opinions

  1. Yisrael v. StateSupreme Court of Florida · 2008
  2. Love v. GarciaSupreme Court of Florida · 1994
  3. Nationstar Mortgage, LLC v. BerdeciaDistrict Court of Appeal of Florida · 2015
  4. Bank of New York Mellon v. JohnsonDistrict Court of Appeal of Florida · 2016
  5. LaMarr v. LangDistrict Court of Appeal of Florida · 2001

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