NATIONAL ENTERPRISES, INC., APPELLANT,
v.
GEORGE MARTIN AND ELIZABETH MARTIN, HIS WIFE, AETNA INSURANCE COMPANY, ROBERTO BRACONE, MONICA BRACONE, HOUSEHOLD FINANCE CORPORATION III, UNITED STATES OF AMERICA, SUN BANK/SOUTH FLORIDA, N.A., SALVATRICE SHOE CO., INC., JOHN DOE AND MARY DOE, APPELLEES
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.
National Enterprises, Inc. appealed the dismissal of its deficiency judgment claim after the trial court found it failed to prove ownership of the FDIC's foreclosure interest. The appellate court reversed, holding that the trial court abused its discretion in denying the motion for rehearing, where appellant could have presented the written assignment as additional evidence.
The appellate court held that while the trial court did not err in granting the involuntary dismissal based on the evidence presented at trial, it abused its discretion in denying the motion for rehearing. Under Florida Rules of Civil Procedure Rule 1.530(a), in non-jury cases the trial court may consider additional evidence on a motion for rehearing, and the written assignment unequivocally established appellant's ownership.
[1] A party seeking to establish ownership of an asset through assignment must demonstrate intent to transfer and acceptance, which can be accomplished by parol, written inst…
[2] A trial court may abuse its discretion by denying a motion for rehearing when the motion is accompanied by an assignment that unequivocally establishes the movant's owner…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Formal requisites of such an assignment are not prescribed by statute and it may be accomplished by parol, by instrument in writing, or other mode, such as delivery of evidences of the debt, as may demonstrate an intent to transfer and an acceptance of it.”
Establishes the flexible requirements for effectuating an assignment of the foreclosure judgment
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe FDIC obtained a final summary judgment of foreclosure against the Martins and other defendants. National Enterprises purchased the FDIC's interest…
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 Proof Of Ownership cases and more on FLexlaw
DELL, Judge.
National Enterprises, Inc. appeals from an order granting appellees’ motion for an involuntary dismissal of appellant’s claim for a deficiency judgment and from an order denying appellant’s motion for rehearing. We reverse and remand this cause to the trial court.
The Federal Deposit Insurance Corporation (FDIC) obtained a final summary judgment of foreclosure against appellees. The trial court retained jurisdiction to enter further orders including a deficiency judgment. After the FDIC filed an amended motion for a deficiency judgment, appellant moved to substitute it as the proper parly in the case. Appellant stated in its motion that “[o]n August 4, 1994, NATIONAL purchased the FDIC’s interest in this action, it is therefore the real party in interest concerning the remaining matters at issue in this ease.” Appellees did not object and the trial court entered an order substituting appellant as the proper party plaintiff.
At the beginning of trial, appellant asked to reserve “the ability to introduce evidence concerning the transfer of the asset or the sale of the asset from the FDIC to [appellant] NEI.” Appellant declined the trial court’s offer to reset the case and proceeded with the presentation of evidence. Apparently appellant’s counsel expected to receive a written assignment of the FDIC’s interest in time to introduce it into evidence.
Appellant’s asset manager testified that while he had no specific recollection of seeing an assignment of the ownership interest in the note and mortgage, he inventoried the FDIC documents evidencing the indebtedness. After presenting testimony as to the amount of the deficiency, appellant rested without direct testimony showing its ownership interest and without introducing the FDIC’s assignment. The trial court granted appellees’ motion for an involuntary dismissal based on appellant’s failure to prove that it was the owner of the asset by producing a written assignment of the transfer or sale of the asset from the FDIC.
Appellant filed a timely motion for rehearing and attached as an exhibit an assignment from the FDIC of its interest in the final summary judgment of foreclosure. The assignment bears the date of March 1, 1995, the date of the evidentiary hearing. The trial court denied appellant’s motion for rehearing.
In Boulevard Nat’l Bank of Miami v. Air Metal Indus., Inc., 176 So. 2d 94, 97-98 (Fla.1965), the supreme court stated: “Formal requisites of such an assignment are not prescribed by statute and it may be accomplished by parol, by instrument in writing, or other mode, such as delivery of evidences of the debt, as may demonstrate an intent to transfer and an acceptance of it.” (footnote omitted). Appellant’s asset manager testified that he had inventoried the FDIC’s doc uments and evidence of the indebtedness, but appellant did not direct the trial court’s attention to Boulevard Nat'l Bank of Miami. We conclude from the evidence and argument presented to the trial court during the evidentiary hearing that it did not err in granting the involuntary dismissal. However, we hold that the trial court abused its discretion in denying appellant’s motion for a rehearing.
Rule 1.530(a), Florida Rules of Civil Procedure states in relevant part: “On a motion for a rehearing of matters heard without a jury, including summary judgments, the court may open the judgment if one has been entered, take additional testimony, and enter a new judgment.” “In non-jury cases, the trial court may, either on motion of a party or on its own initiative, grant rehearing and, in its discretion, consider additional evidence.” Crum v. State, 507 So. 2d 759, 760 (Fla. 1st DCA 1987) (citations omitted). See also Allstate Ins. Co. v. Greyhound Rent-A-Car, Inc., 586 So. 2d 482 (Fla. 4th DCA 1991), rev. denied, 598 So. 2d 75 (Fla.1992). The written assignment attached to appellant’s motion for rehearing unequivocally established its ownership by assignment of the final summary judgment of foreclosure.
Accordingly, we reverse the trial court’s order denying rehearing and remand this cause for a new trial.
REVERSED and REMANDED.
POLEN and SHAHOOD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Crouch v. Crouch, 898 So. 2d 177 (Fla. 5th DCA 2005)…the cause for further consideration, the trial court should reconsider this one additional issue given the documentary evidence presented. See Hernandez v. Cacciamani Dev. Co., 698 So. 2d 927 (Fla. 3d DCA 1997); National Enterprises, Inc. v. Martin, 679 So. 2d 331 (Fla. 4th DCA 1996). AFFIRMED IN PART; REVERSED IN PART; REMANDED. SHARP, W., and PALMER, JJ., concur. . The parties agree that the trial court mistakenly found in the final judgment that the former wife owned this home at the time of the marriag…
-
Ward L. Huet and Joan Huet v. Hillary Tromp and Andre Tromp, 912 So. 2d 336 (Fla. 5th DCA 2005)…n filing a motion for rehearing, arguing a change of circumstances. We elect to treat this motion as a motion for reconsideration, in light of a change of circumstances.2 In a case similar to this, the court in National Enterprises, Inc. v. Martin, 679 So. 2d 331 (Fla. 4th DCA 1996), reversed an order denying rehearing. In that case, the trial court dismissed a claim for a deficiency judgment because a party did not introduce evidence of an ownership interest in the form of a note or assignment from the FDIC…
-
Hernandez v. Cacciamani Dev. Co. & Luciano Cacciamani, 698 So. 2d 927 (Fla. 3d DCA 1997)…iled a timely appeal. We conclude that the defendants’ motions for involuntary dismissal were properly granted but hold that the trial judge abused his discretion by denying Hernandez’ motion for rehearing. See National Enterprises, Inc. v. Martin, 679 So. 2d 331 (Fla. 4th DCA 1996). Fla. R. Civ. P. 1.530(a) reads as follows: A new trial may be granted to all or any of the parties and on all or a part of the issues. On a motion for a rehearing of matters heard without a jury, including summary judgments, t…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Boulevard Nat'l Bank OF Miami v. AIR Metal Indus., Inc., 176 So. 2d 94 (Fla. 1965)
- Burton R. Signer and David Marks v. Odell, 176 So. 2d 94 (Fla. 1965)
- Nash Pontiac-Cadillac & Lynn Underwriting Co. v. Lamb, 507 So. 2d 759 (Fla. 1st DCA 1987)
- Allstate Ins. Co. & Kenneth Vassar v. Greyhound Rent-A-Car, Inc., 586 So. 2d 482 (Fla. 4th DCA 1991)