Larrea v. Nationstar Mortgage

• Court: District Court of Appeal of Florida
• Decided: October 2, 2017
• Docket: 5D16-2931
• Status: Published

Opinion

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

LEONARD LARREA AND NORMA LARREA,

Appellants,

v. Case No. 5D16-2931

NATIONSTAR MORTGAGE, LLC, PHILIP D. AGUIRRE, NORMA M. AGUIRRE, BANK OF AMERICA, N.A., BREVARD COUNTY, FLORIDA AND HARBOUR ROYALE CONDOMINIUM ASSOCIATION,

Appellees. ________________________________/

Decision filed October 3, 2017

Appeal from the Circuit Court for Brevard County, Lisa Davidson, Judge.

Mark P. Stopa, of Stopa Law Firm, Tampa, for Appellants.

Nancy M. Wallace of Akerman LLP, Tallahassee, William P. Heller, of Akerman, LLP, Fort Lauderdale, and Eric M. Levine, of Akerman LLP, West Palm Beach, for Appellee, Nationstar Mortgage, LLC.

No Appearance for other Appellees.

PER CURIAM. AFFIRMED. See Caraccia v. U.S. Bank, N.A., 185 So. 3d 1277, 1279 (Fla. 4th

DCA 2016) (holding even where third party has physical possession of note, so long as

plaintiff had power to exercise control over it, then plaintiff had constructive possession

of note).

SAWAYA, ORFINGER and EDWARDS, JJ., concur.