BRADEN RIVER PARTNERS, A FLORIDA GENERAL PARTNERSHIP, DAN E. KRON, AND HARVEY JAUNICH, APPELLANTS,
v.
PROFESSIONAL SAVINGS BANK, A FLORIDA SAVINGS BANK, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The omission of filing original mortgage and promissory note is not fundamental error when copies were accurate and the objection was not raised below.
Defendants appealed a final judgment of foreclosure, arguing the bank failed to file the original mortgage and promissory note. The defendants did not…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Florida Rule Of Civil Procedure 1.540(B) cases and more on FLexlaw
PER CURIAM.
The defendants appeal a final judgment of foreclosure entered against their proper ties. The final judgment was not stayed and one of two parcels has been sold pending appeal. We affirm.
On appeal the defendants argue that the final judgment should be vacated because the bank did not file the original mortgage and promissory note in the trial court prior to the entry of the judgment. The defendants, however, did not make this objection in the trial court. The evidence did establish the accuracy of the copies which were attached to the bank’s complaint. Now that the defendants have raised this issue on appeal, the bank has repeatedly offered to file the original documents in this court or in the trial court.
Although a plaintiff in a foreclosure action should file or produce for admission into evidence the original mortgage and promissory note, Downing v. First National Bank of Lake City, 81 So. 2d 486 (Fla.1955); Figueredo v. Bank Espirito Santo, 537 So. 2d 1113 (Fla. 3d DCA 1989), the omission of this requirement is not fundamental error in this case. On remand, the bank must file the original documents prior to further proceedings in the trial court. If the bank does not file these documents, the defendants may seek relief under Florida Rule of Civil Procedure 1.540(b).
Affirmed.
LEHAN, A.C.J., and PATTERSON and ALTENBERND, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Pastore-Borroto Dev., Inc. v. Marevista Apts., 596 So. 2d 526 (Fla. 3d DCA 1992)…ord does not supplant an explanation or the production of the documents. See Georgia Holding & Inv. Co. v. Citizens Bank, 145 Fla. 540, 542, 196 So. 808, 809 (1940) (Buford, J., specially concurring); Braden River Partners v. Professional Sav. Bank, 562 So. 2d 836 (Fla. 2d DCA 1990).…
Authorities Cited
- Downing v. The First Nat'l Bank OF Lake City, 81 So. 2d 486 (Fla. 1955)
- Figueredo v. Bank Espirito Santo, 537 So. 2d 1113 (Fla. 3d DCA 1989)
- Langel v. Alcee L. Hastings, 537 So. 2d 1113 (Fla. 4th DCA 1989)