Home/District Court of Appeal of Florida/Darren Klemencic and Niurka Klemencic v. U.S. Bank National Association

Darren Klemencic and Niurka Klemencic v. U.S. Bank National Association

142 So. 3d 983, 2014 WL 3730043, 2014 Fla. App. LEXIS 11599
CourtDistrict Court of Appeal of Florida
DecidedJuly 30, 2014
Docket4D13-3052
StatusPublished
Cited by5 cases

This text of 142 So. 3d 983 (Darren Klemencic and Niurka Klemencic v. U.S. Bank National Association) 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
Darren Klemencic and Niurka Klemencic v. U.S. Bank National Association, 142 So. 3d 983, 2014 WL 3730043, 2014 Fla. App. LEXIS 11599 (Fla. Ct. App. 2014).

Opinion

*984 CONCESSION OF ERROR

PER CURIAM.

Defendants appeal a final judgment of mortgage foreclosure in favor of U.S. Bank (“appellee”). Appellee concedes that the evidence presented at trial was insufficient to meet its burden of proving standing to enforce the note it introduced. See McLean v. JP Morgan Chase Bank Nat’l Ass’n, 79 So.3d 170, 173 (Fla. 4th DCA 2012) (finding that a “plaintiff must prove that it had standing to foreclose when the complaint was filed.” (citation omitted)). Because appellee failed to prove it had standing to foreclose, we reverse the final judgment and remand for the trial court to enter an involuntary dismissal of the complaint.

Reversed and Remanded with directions.

STEVENSON, FORST and KLINGENSMITH, JJ., concur.

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Bluebook (online)
142 So. 3d 983, 2014 WL 3730043, 2014 Fla. App. LEXIS 11599, Counsel Stack Legal Research, https://law.counselstack.com/opinion/darren-klemencic-and-niurka-klemencic-v-us-bank-national-association-fladistctapp-2014.