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

142 So. 3d 983, 2014 WL 3730043, 2014 Fla. App. LEXIS 11599

Opinion

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.