Jacobs v. Federal National Mortgage Association

• Court: District Court of Appeal of Florida
• Decided: February 22, 2017
• Docket: 2D15-4918
• Status: Published

Opinion

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

EDGAR R. JACOBS and 4721 ) WESTWOOD DRIVE TRUST, Gulf Coast ) Home Sites, Inc. as Trustee, Dated ) November 22, 2002, ) ) Appellants, ) ) v. ) Case No. 2D15-4918 ) FEDERAL NATIONAL MORTGAGE ) ASSOCIATION, ) ) Appellee. ) )

Opinion filed February 22, 2017.

Appeal from the Circuit Court for Charlotte County; Michael T. McHugh, Judge.

Eric J. Chrisner, David C. Hicks, and Vincent Carl LoBue of Alliance Legal Group, PL, Sarasota, for Appellants.

Wm. David Newman, Jr. of Choice Legal Group, P.A., Fort Lauderdale, for Appellee.

BLACK, Judge.

In this appeal from a final judgment of foreclosure, Federal National

Mortgage Association appropriately concedes that it failed to establish standing at the time the original plaintiff, JP Morgan Chase Bank, N.A., filed the complaint. As a result,

we reverse and remand for dismissal of the foreclosure action. See Segall v. Wachovia

Bank, N.A., 192 So. 3d 1241, 1245-46 (Fla. 4th DCA 2016); Fiorito v. JP Morgan Chase

Bank, Nat'l Ass'n, 174 So. 3d 519, 521-22 (Fla. 4th DCA 2015).

Reversed and remanded.

KELLY and BADALAMENTI, JJ., Concur.

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