EMERALD PLAZA WEST, APPELLANT,
v.
DORIS M. SALTER, APPELLEE
EMERALD PLAZA WEST, APPELLANT,
DORIS M. SALTER, APPELLEE
466 So. 2d 1129
Florida District Court of Appeal, Third District (1985)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Agreeing with appellant that the trial court erred in granting foreclosure of a mortgage without requiring either production of the original promissory note and assignment of mortgage or reestablishment of those documents, Telephone Utility Terminal Co. v. EMC Industries, Inc., 404 So. 2d 183 (Fla. 5th DCA 1981); § 90.- 953(1), Fla.Stat. (1983), we reverse the Final Judgment of Foreclosure.
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Pastore-Borroto Dev., Inc. v. Marevista Apts., 596 So. 2d 526 (Fla. 3d DCA 1992)…o produce the original note and mortgage or provide any explanation as to the absence of those documents requires vacation of the amended judgment.1 Figueredo v. Bank Espirito Santo, 537 So. 2d 1113 (Fla. 3d DCA 1989); Emerald Plaza West v. Salter, 466 So. 2d 1129 (Fla. 3d DCA 1985); see generally, Pennsylvania Blue Shield v. Wolfe, 575 So. 2d 1361, 1363 (Fla. 3d DCA 1991). Cf. Roberts v. Hart, 573 So. 2d 12 (Fla. 4th DCA 1990). The entry of the clerk’s order of default does not preclude consideration of this…
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Guerrero v. Chase Home Fin., LLC., 83 So. 3d 970 (Fla. 3d DCA 2012)…nonetheless was entered. The Guerreros repeat the same arguments they made below here. We agree with their argument that in this case no foreclosure could be ordered unless the mortgage and note were reestablished. See Emerald Plaza West v. Salter, 466 So. 2d 1129, 1129 (Fla. 3d DCA 1985) (“Agreeing with appellant that the trial court erred in granting foreclosure of a mortgage without requiring either production of the original promissory note and assignment of mortgage or reestablishment of those documents.…
Authorities Cited
- Tel. Util. Terminal Co., Inc. v. EMC Indus., Inc., 404 So. 2d 183 (Fla. 5th DCA 1981)