OPAL BRADSHAW-JACKSON v. BANK OF NEW YORK MELLON, etc.

• Court: District Court of Appeal of Florida
• Decided: January 25, 2023
• Docket: 22-0172
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed January 25, 2023. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D22-172 Lower Tribunal No. 18-5153 ________________

Opal Bradshaw-Jackson, Appellant,

vs.

Bank of New York Mellon, etc., Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Pedro P. Echarte, Jr., Judge.

Dennis A. Donet, P.A., and Dennis A. Donet, for appellant.

McCalla Raymer Liebert Pierce, LLC, and Charles P. Gufford (Orlando), for appellee.

Before LOGUE, SCALES and GORDO, JJ.

PER CURIAM. Affirmed. See Klein v. Royale Grp., Ltd., 578 So. 2d 394, 395 (Fla. 3d

DCA 1991) (“[T]here is nothing in [section 201.08(1), Florida Statutes,] or the

case decisions that deny enforceability [of a note or mortgage] merely

because the required documentary stamps have been belatedly purchased

and affixed.”); Am. Residential Equities LLC v. Saint Catherine Holdings

Corp., 306 So. 3d 1057, 1061 n.5 (Fla. 3d DCA 2020) (“We note that because

no execution of the judgment occurred until after payment of the stamps was

made, the judgment was valid in this regard.”); Wilmington Tr., N.A. v. Serpa,

346 So. 3d 1218, 1220 (Fla. 3d DCA 2022), reh’g denied (Aug. 2, 2022)

(remanding with instructions to allow “Wilmington to proceed on the original

promissory note and mortgage as well as the loan modification since the

record reflects that documentary stamp taxes have since been paid”).