ROBERT O. FIGUEREDO AND CHRISTAL L. FIGUEREDO, APPELLANTS,
v.
BANK ESPIRITO SANTO, APPELLEE
ROBERT O. FIGUEREDO AND CHRISTAL L. FIGUEREDO, APPELLANTS,
BANK ESPIRITO SANTO, APPELLEE
537 So. 2d 1113
Florida District Court of Appeal, Third District (1989)
Positive Treatment
Cited by 7 cases
Opinion of the Court
PER CURIAM.
The plaintiff failed to produce for admission into evidence the original copy of a negotiable promissory instrument as is expressly required by section 90.953(1), Florida Statutes (1987). For this reason, the final judgment of foreclosure is vacated with directions for the trial court to receive the original promissory note in evidence, after which it will be authorized to reconfirm the final judgment of foreclosure and all subject proceedings which occurred thereto.
The remaining points advanced by the appellant are without merit.
The final judgment is vacated and remanded with directions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Deutsche Bank Nat'l Tr. Co. for First Franklin Mortg. Loan Tr. 2006-FF7 v. Ezra Clarke, 87 So. 3d 58 (Fla. 4th DCA 2012)…tgage, has been given by the debtor, it must be produced at the hearing, or its absence properly accounted for.”). . Pastore-Borroto Development, Inc. v. Marevista Apartments, 596 So. 2d 526 (Fla. 3d DCA 1992), and Figueredo v. Bank Espirito Santo, 537 So. 2d 1113 (Fla. 3d DCA 1989).…
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Pastore-Borroto Dev., Inc. v. Marevista Apts., 596 So. 2d 526 (Fla. 3d DCA 1992)…judgment and remand for further proceedings. Marevista’s failure to 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 th…
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Fair v. Kaufman, 647 So. 2d 167 (Fla. 2d DCA 1994)…the trial court may again enter a final judgment of foreclosure upon presentation of the original note and mortgage. Pastore-Borroto Development, Inc. v. Marevista Apartments, 596 So. 2d 526 (Fla. 3rd DCA 1992) and Figueredo v. Bank Espirito Santo, 537 So. 2d 1113 (Fla. 3rd DCA 1989). The final judgment of foreclosure is reversed and remanded for farther proceedings consistent with this opinion. RYDER, A.C.J., and PARKER, J., concur.…
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