Whitburn, LLC v. Deutsche Bank

175 So. 3d 943

• Court: District Court of Appeal of Florida
• Decided: October 9, 2015
• Docket: 2D14-3384
• Status: Published

Opinion

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

WHITBURN, LLC, ) ) Appellants, ) ) v. ) Case No. 2D14-3384 ) DEUTSCHE BANK, NATIONAL TRUST ) COMPANY, AS TRUSTEE FOR ASSET- ) BACKED PASS-THROUGH ) CERTIFICATES, SERIES 2004-W3; ) ROBERT W. KENKEL A/K/A ROBERT ) KENKEL; CANTERBURY LAKES ) HOMEOWNERS ASSOCIATION INC; ) GTE FEDERAL CREDIT UNION, ) ) Appellees. ) )

Opinion filed October 9, 2015.

Appeal from the Circuit Court for Hillsborough County; Perry A. Little, Senior Judge.

Heather A. DeGrave of Walters Levine Klingensmith & Thomison, P.A., Tampa, for Appellants.

Jack S. Kallus and Nicole R. Topper of Blank Rome, LLP, Ft. Lauderdale, for Appellees Deutsche Bank.

No appearance for remaining appellees.

PER CURIAM. To the extent the final judgment on appeal incorporates the trial court's

oral ruling denying appellant's motion to substitute, it is affirmed without necessity of

comment. In all other respects, this appeal is dismissed. See Market Tampa

Investments, LLC v. Stobaugh, No. 14-5126, 2015 WL 5131679, at *1 (Fla. 2d DCA

Sept. 2, 2015) (dismissing appeal from a final judgment of foreclosure where appellant's

motion to substitute or intervene was denied in the trial court and affirmed on appeal).

ALTENBERND, WALLACE, and SALARIO, JJ., Concur.

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