SASHA KAMINIK AND PAUL CONNOLLY, APPELLANTS,
v.
COUNTRYWIDE HOME LOANS, INC., AND SEQUOIA GARDENS CONDOMINIUM ASSOCIATION, INC., APPELLEES

Fla. 4th DCA | 2011-07-06
No. 4D09-4861
STEVENSON, GROSS and GERBER, JJ., concur.
64 So. 3d 195 Florida District Court of Appeal, Fourth District (2011) Positive Treatment
Cited by 4 cases
Topics
Affidavit Of Indebtedness Special Endorsement Unclean Hands Doctrine Promissory Note

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Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm in part the summary final judgment of foreclosure. The record demonstrates that appellee tendered the original promissory note to the trial court, which contained a special indorsement in its favor. See Servedio v. U.S. Bank Nat’l Ass’n, 46 So.3d 1105, 1106-07 (Fla. 4th DCA 2010); Riggs v. Aurora Loan Servs., LLC, 36 So.3d 932, 933 (Fla. 4th DCA 2010); Jacobs v. Becks, 355 So.2d 1241, 1242 (Fla. 1st DCA 1978). As to the defense of unclean hands, no fact in the record and nothing in the briefing supports that defense. See Tacher v. Helm Bank, 50 So.3d 1239 (Fla. 4th DCA 2011); S. Waste Sys., LLC v. J & A Transfer, Inc., 879 So.2d 86, 87 (Fla. 4th DCA 2004). We reverse the award of $4,685.50 in attorney’s fees because appellee’s affidavit stated that $887 was a reasonable fee, creating an issue of fact as to the amount to be awarded. We also reverse the award of $14,120.08 in interest, which was greater than the $5,897.20 specified in the affidavit of indebtedness; the interest rate was variable, and the variation was a matter of proof.

Affirmed in part, reversed in part, and remanded.

STEVENSON, GROSS and GERBER, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • McLEAN v. JP Morgan Chase Bank Nat'l Ass'n, 79 So. 3d 170 (Fla. 4th DCA 2012)
    …vor of Chase. Because Chase presented to the trial court the original promissory note, which contained a special endorsement in its favor, it obtained standing to foreclose, at least at some point. See, e.g., Kaminik v. Countrywide Home Loans, Inc., 64 So. 3d 195, 196 (Fla. 4th DCA 2011) (reversing fee award but otherwise affirming summary final judgment of foreclosure where the record demonstrated that the appellee “tendered the original promissory note to the trial court, which contained a special indorsem…
  • Taylor v. Bayview Loan Servicing, LLC, 74 So. 3d 1115 (Fla. 2d DCA 2011)
    …son, if the identified person is in possession.”); Mortg. Elec. Registration Sys., Inc. v. Azize, 965 So. 2d 151, 153 (Fla. 2d DCA 2007) (“The holder of a note has standing to seek enforcement of the note.”); Kaminik v. Countrywide Home Loans, Inc., 64 So. 3d 195, 196 (Fla. 4th DCA 2011) (affirming in part a summary final judgment of foreclosure where the plaintiff “tendered the original promissory note to the trial court, which contained a special indorsement in its favor”); Riggs v. Aurora Loan Servs., LLC…

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