Barnsdale Holdings, LLC v. Nationstar Mortgage, LLC

District Court of Appeal of Florida

Barnsdale Holdings, LLC v. Nationstar Mortgage, LLC

193 So. 3d 1107, 2016 Fla. App. LEXIS 9997, 2016 WL 3549455

District Court of Appeal of Florida·Decided June 29, 2016·No. 4D14-2308·Published

Opinion

PER. CURIAM.

The defendant appeals from the circuit court’s final judgment of foreclosure following a non-jury trial. We find merit in only the defendant’s argument that the plaintiff failed to present competent,,substantial evidence to support the award of two account entries in the amounts of *1108 $9,203.67 and $18,439.94, each titled “Escrow Advance,” of which the plaintiffs witness lacked knowledge. We therefore reverse only the amount of damages in the final judgment, which the circuit court, as a ministerial matter, shall amend to deduct the two entries’ total of $27,643.61, resulting in an amended final judgment amount of $233,866.74. On all other arguments which the defendant raises, we affirm without discussion.

Affirmed in part, and reversed in part with instructions.

CIKLIN, C. J., WARNER and GERBER, JJ., concur.

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PER. CURIAM.

The defendant appeals from the circuit court’s final judgment of foreclosure following a non-jury trial. We find merit in only the defendant’s argument that the plaintiff failed to present competent,,substantial evidence to support the award of two account entries in the amounts of *1108 $9,203.67 and $18,439.94, each titled “Escrow Advance,” of which the plaintiffs witness lacked knowledge. We therefore reverse only the amount of damages in the final judgment, which the circuit court, as a ministerial matter, shall amend to deduct the two entries’ total of $27,643.61, resulting in an amended final judgment amount of $233,866.74. On all other arguments which the defendant raises, we affirm without discussion.

Affirmed in part, and reversed in part with instructions.

CIKLIN, C. J., WARNER and GERBER, JJ., concur.

Barnsdale Holdings, LLC v. Nationstar Mortgage, LLC, 193 So. 3d 1107, 2016 Fla. App. LEXIS 9997, 2016 WL 3549455 (Fla. Ct. App. 2016).

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193 So. 3d 1107 (Barnsdale Holdings, LLC v. Nationstar Mortgage, LLC) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.