Unknown Trustee of The Ledon Family Irrevocable Gift Trust Agreement, etc. v. Mortgageit Mortgage Loan Trust, etc.

• Court: District Court of Appeal of Florida
• Decided: August 7, 2024
• Docket: 2023-0125
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed August 7, 2024. Not final until disposition of timely filed motion for rehearing.

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No. 3D23-0125 Lower Tribunal No. 17-101-M ________________

Unknown Trustee of The Ledon Family Irrevocable Gift Trust Agreement, etc., Appellant,

vs.

Mortgageit Mortgage Loan Trust, etc., Appellee.

An Appeal from the Circuit Court for Monroe County, James M. Barton, II, Senior Judge.

David J. Winker, P.A., and David J. Winker, for appellant.

DeLuca Law Group, PLLC, and Shawn Taylor (Fort Lauderdale), for appellee.

Before EMAS, LINDSEY and BOKOR, JJ.

PER CURIAM. Affirmed. See Fed. Nat’l Mortg. Ass’n v. Trinidad, 358 So. 3d 754, 759

(Fla. 4th DCA 2023) (explaining that a plaintiff may establish the

requirements under section 673.3091(1), Florida Statutes, for reestablishing

a lost note “by affidavit or by testimony”); see also Deakter v. Menendez, 830

So. 2d 124, 127 (Fla. 3d DCA 2002) (“There is no requirement that [a plaintiff]

prove exactly how [it] lost possession of the note . . . .”).