Sharlene Hampton Lewis v. U.S. Bank National Association
This text of 188 So. 3d 46 (Sharlene Hampton Lewis v. U.S. Bank National Association) 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.
Opinion
*47 ON MOTION FOR REHEARING
We grant appellant’s motion for rehearing, withdraw our per curiam affirmance, and enter the following opinion.
In 2008, appellee bank filed a foreclosure action and included a count seeking'to reestablish a lost note. No copy of the original note was attached to the complaint. The case went to trial in 2014. The endorsements on an allonge to the note were undated and the bank’s witness could not testify when the endorsements were placed on the allonge. The bank’s reliance on a pooling and servicing agreement was insufficient to establish the bank’s standing to bring suit at the time the suit was filed. See Jarvis v. Deutsche Bank Nat.’l Trust Co., 169 So.3d 194, 196 (Fla. 4th DCA 2015); Batch v. LaSalle Bank N.A., 171 So.3d 207, 209 (Fla. 4th DCA 2015); Perez v. Deutsche Bank Nat.'l Trust Co., 174 So.3d 489, 491 (Fla. 4th DCA 2015).
Reversed and remanded.
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188 So. 3d 46, 2016 Fla. App. LEXIS 3596, 2016 WL 899912, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sharlene-hampton-lewis-v-us-bank-national-association-fladistctapp-2016.