Legal Opinion

Luz Mariana Donado and Oscar Donado v. Pennymac Corp

District Court of Appeal of Florida

Decided August 19, 2015No. 4D14-1383PublishedCited by 6 opinions

1Opinion of the CourtKlingensmith, J.

Luz Mariana and Oscar Donado (“appellants”) appeal the trial court’s final judgment of foreclosure in favor of PennyMac Corporation (“appellee”). On appeal, we consider whether the trial court erred by failing to dismiss the initial complaint for failure to include verification in its pleading as required by then-Florida Rule of Civil Procedure 1.110(b) (“rule 1.110(b)”). 1 We hold that appellee’s failure to verify its complaint caused it to be defective. We therefore reverse the final judgment of foreclosure entered in favor of appellee and remand this case to the trial court for dismissal…

2Cases cited6 opinions

  1. In Re Amendments to the Florida Rules of Civil ProcedureSupreme Court of Florida · 2010
  2. Rubenstein v. Primedica Healthcare, Inc.District Court of Appeal of Florida · 2000
  3. R.T.G. Furniture Corp. v. CoatesDistrict Court of Appeal of Florida · 2012
  4. Becker v. Deutsche Bank National Trust Co.District Court of Appeal of Florida · 2012
  5. JP Morgan Chase Bank v. JurneyDistrict Court of Appeal of Florida · 2012

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3Cited by6 opinions

  1. Lorraine Campbell and Charles Lamm v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2016
  2. Beltway Capital, LLC v. Nigel LucombeDistrict Court of Appeal of Florida · 2017
  3. CARL DOMINO, INC. and CARL DOMINO, Individually v. MICHAEL DIXONDistrict Court of Appeal of Florida · 2023
  4. MTGLQ INVESTORS, LP v. SILVIA LEONES a/k/a SILVIA LENEONESDistrict Court of Appeal of Florida · 2021
  5. WATERFALL VICTORIA GRANTOR TRUST II, SERIES G v. SARAH MCDONALDDistrict Court of Appeal of Florida · 2021

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