CLARENCE DIXON, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By (12 total)

• 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)
  …[mjortgage is but an incident to the debt, the payment of which it secures, and its ownership follows the assignment of the debt.” Johns v. Gillian, 134 Fla. 575, 184 So. 140, 143 (1938). This was the conclusion of Perry v. Fairbanks Capital Corp., 888 So. 2d 725 (Fla. 5th DCA 2004). There, the plaintiff filed the original note, but not the original mortgage. Id. at 726. On appeal from the final judgment of foreclosure, the defendants argued that the plaintiff should have also been required to produce and fi…

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• Beaumont v. Bank OF NEW York Mellon, 81 So. 3d 553 (Fla. 5th DCA 2012)
  …another person to enforce the instrument. § 673.3091(2), Fla. Stat. If Mellon has, in fact, found the note, it must produce it prior to judgment. Gee v. U.S. Bank Nat’l Ass’n, 72 So. 3d 211, 212 (Fla. 5th DCA 2011); Perry v. Fairbanks Capital Corp., 888 So. 2d 725, 726 (Fla. 5th DCA 2004); see also Feltus v. U.S. Bank Nat’l Ass’n, 80 So. 3d 375 (Fla. 2d DCA 2012). Mellon also argues that Beaumont has waived the lack of “standing” to enforce the note because of the failure to assert this as an affirmative def…
• Johnston v. Hudlett, 32 So. 3d 700 (Fla. 4th DCA 2010)
  …but instruments which must be surrendered prior to the issuance of a judgment. The judgment takes the place of the promissory note. Surrendering the note is essential so that it cannot thereafter be negotiated. See Perry v. Fairbanks Capital Corp., 888 So. 2d 725, 726 (Fla. 5th DCA 2004). The judgment cancels the note. The clerk cannot return these instruments to the parties. In this case, the appellee has refiled the note and mortgage with the clerk. Therefore, these instruments have been properly surrende…