CitiMortgage, Inc. v. Decker

District Court of Appeal of Florida

CitiMortgage, Inc. v. Decker

180 So. 3d 1226, 2015 Fla. App. LEXIS 19556, 2015 WL 9491857

CourtDistrict Court of Appeal of Florida

DecidedDecember 31, 2015

DocketNo. 5D14-3337

StatusPublished

This text of 180 So. 3d 1226 (CitiMortgage, Inc. v. Decker) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

CitiMortgage, Inc. v. Decker, 180 So. 3d 1226, 2015 Fla. App. LEXIS 19556, 2015 WL 9491857 (Fla. Ct. App. 2015).

Pincite

Opinion

PER CURIAM.

In this residential foreclosure case, Citi-Mortgage, Inc., Successor by Merger to ABN AMRO Mortgage Group, Inc. (“Citi”) appeals a final judgment in favor of Laurie and Randy Decker (“Borrowers”). Citi correctly argues that the trial court erred by entering judgment for Borrowers at the outset of trial based on Citi’s failure to attach to its complaint the full version of the promissory note that it intendéd to rely on at trial. Alternatively, the trial court should have granted Citi leave to amend the complaint, to either attach the full version or to plead its alternative standing theories. Accordingly, we reverse the final judgment and remand for further proceedings consistent with this opinion.

REVERSED AND REMANDED WITH DIRECTIONS.

LAWSON, C.J., PALMER and TORPY, JJ., concur.

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PER CURIAM.

In this residential foreclosure case, Citi-Mortgage, Inc., Successor by Merger to ABN AMRO Mortgage Group, Inc. (“Citi”) appeals a final judgment in favor of Laurie and Randy Decker (“Borrowers”). Citi correctly argues that the trial court erred by entering judgment for Borrowers at the outset of trial based on Citi’s failure to attach to its complaint the full version of the promissory note that it intendéd to rely on at trial. Alternatively, the trial court should have granted Citi leave to amend the complaint, to either attach the full version or to plead its alternative standing theories. Accordingly, we reverse the final judgment and remand for further proceedings consistent with this opinion.

REVERSED AND REMANDED WITH DIRECTIONS.

LAWSON, C.J., PALMER and TORPY, JJ., concur.

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Bluebook (online)

180 So. 3d 1226, 2015 Fla. App. LEXIS 19556, 2015 WL 9491857, Counsel Stack Legal Research, https://law.counselstack.com/opinion/citimortgage-inc-v-decker-fladistctapp-2015.