Mary Djurasevic, etc. v. Ronald Thompson

CourtDistrict Court of Appeal of Florida
DecidedJune 19, 2024
Docket2023-0866
StatusPublished

This text of Mary Djurasevic, etc. v. Ronald Thompson (Mary Djurasevic, etc. v. Ronald Thompson) 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
Mary Djurasevic, etc. v. Ronald Thompson, (Fla. Ct. App. 2024).

Opinion

Third District Court of Appeal State of Florida

Opinion filed June 19, 2024. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D23-866 Lower Tribunal No. 16-11257 ________________

Mary Djurasevic, etc., Appellant,

vs.

Ronald Thompson, et al., Appellees.

An Appeal from the Circuit Court for Miami-Dade County, Lourdes Simon, Judge.

Martin G. McCarthy, P.A., and Martin G. McCarthy, for appellant, Mary Djurasevic.

Quaranta P.A., and John M. Quaranta, for appellees, Ronald Thompson and Linda Thompson.

Before LOGUE, C.J., and EMAS and GORDO, JJ.

PER CURIAM. Affirmed. See Roif v. JP Morgan Chase Bank, 283 So. 3d 383, 385

(Fla. 3d DCA 2019) (“A crucial element in any mortgage foreclosure

proceeding is that the party seeking foreclosure must demonstrate that it has

standing to foreclose.” (quoting McLean v. JP Morgan Chase Bank Nat'l

Ass'n, 79 So. 3d 170, 173 (Fla. 4th DCA 2012))); Wells Fargo Bank N.A. v.

Diz, 253 So. 3d 705, 707 (Fla. 3d DCA 2018) (“Standing to foreclose must

be demonstrated with competent, substantial evidence at the time of filing

the lawsuit.”); § 689.01(1), Fla. Stat. (“No estate or interest of freehold . . .

shall be created, made, granted, transferred, or released in any manner other

than by instrument in writing, signed in the presence of two subscribing

witnesses by the party creating, making, granting, conveying, transferring, or

releasing such estate, interest . . . and no estate or interest . . . shall be

assigned or surrendered unless it be by instrument signed in the presence

of two subscribing witnesses by the party so assigning or surrendering . . .

.”); Blitch v. Freedom Mortg. Corp., 185 So. 3d 645, 646 (Fla. 2d DCA 2016)

(“A person seeking enforcement of an instrument . . . must prove the terms

of the instrument and the person's right to enforce the instrument.” (quoting

§ 673.3091(2), Fla. Stat.)); McLean, 79 So. 3d at 173 (holding that standing

may be established as the note holder but “the note must bear a special

endorsement in favor of the plaintiff or a blank endorsement”).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Blitch v. Freedom Mortgage Corp.
185 So. 3d 645 (District Court of Appeal of Florida, 2016)
Wells Fargo Bank v. Diz
253 So. 3d 705 (District Court of Appeal of Florida, 2018)
McLean v. JP Morgan Chase Bank National Ass'n
79 So. 3d 170 (District Court of Appeal of Florida, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
Mary Djurasevic, etc. v. Ronald Thompson, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mary-djurasevic-etc-v-ronald-thompson-fladistctapp-2024.