Nix v. Federal National Mortgage Assoc.

District Court of Appeal of Florida

Nix v. Federal National Mortgage Assoc.

CourtDistrict Court of Appeal of Florida

DecidedOctober 1, 2018

Docket5D17-2995

StatusPublished

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Bluebook

Nix v. Federal National Mortgage Assoc., (Fla. Ct. App. 2018).

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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

JENNIFER NIX,

Appellant,

v. Case No. 5D17-2995

FEDERAL NATIONAL MORTGAGE ASSOCIATION and CHRISTOPHER NIX,

Appellees. ________________________________/

Opinion filed October 5, 2018

Appeal from the Circuit Court for Hernando County, Daniel B. Merritt, Sr., Judge.

Richard J. Mockler, of Stay In My Home, P.A., St. Petersburg, for Appellant.

Michael W. Smith and Shaib Y. Rios, of Brock & Scott, PLLC, Ft. Lauderdale, for Appellee, Federal National Mortgage Association.

No Appearance for other Appellee.

PER CURIAM.

Jennifer Nix appeals from the final judgment of foreclosure entered after trial,

arguing that the evidence presented was insufficient to prove the mailing of the default

letter as required under Paragraph 22 of the mortgage. Federal National Mortgage

Association concedes error. Accordingly, we reverse and remand for entry of an order of involuntary dismissal. E.g., Madl v. Wells Fargo Bank, N.A., 244 So. 3d 1134, 1137

(Fla. 5th DCA 2017).

REVERSED and REMANDED.

COHEN, C.J., ORFINGER and LAMBERT, JJ., concur.

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