CHESTER GREUNKE, ET AL.
v.
THE BANK OF NEW YORK MELLON, ETC.

Fla. 3d DCA | 2024-07-17
No. 2022-1982
Emas, J., Miller, J., Lobree, J., Koenig, J., Barton, II, J.
2024 FL 8616 Florida District Court of Appeal, Third District (2024)

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.

Holding

A bank may reestablish a lost promissory note through witness testimony and unrebutted documentary evidence satisfying the requirements of Florida Statute § 673.3091.

Headnotes

[1] Under Florida Statute § 673.3091, a holder of a lost promissory note may reestablish the note through witness testimony and unrebutted documentary evidence to establish s…

Previewing 1 of 1 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
Facts & Procedural History

Chester Greunke and others appealed a circuit court decision in a foreclosure matter involving The Bank of New York Mellon. The case involved the bank…

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.

Topics
Standing To Foreclose Foreclosure Standing

Explore caselaw by topic → Browse Standing To Foreclose cases and more on FLexlaw

Opinion of the Court
Lobree

Third District Court of Appeal State of Florida

Opinion filed July 17, 2024. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D22-1982 Lower Tribunal No. 19-302-K ________________

Chester Greunke, et al., Appellants,

vs.

The Bank of New York Mellon, etc., Appellee.

An Appeal from the Circuit Court for Monroe County, Timothy J. Koenig, Judge, and James M. Barton, II, Senior Judge.

Law Offices of Daryl L. Jones, P.A., and Faequa A. Khan, for appellants.

DeLuca Law Group, PLLC and Kimberly George (Fort Lauderdale), for appellee.

Before EMAS, MILLER and LOBREE, JJ.

PER CURIAM.

Affirmed. See § 673.3091, Fla. Stat. (2019); Wells Fargo Bank, N.A.

Footnotes
2 v. Bricourt, 290 So. 3d 501, 504 (Fla. 4th DCA 2020) (finding bank met requirements of section 673.3091 to reestablish lost note “through the witness’ testimony and unrebutted documentary evidence”); Nationstar Mortg., LLC v. Kelly, 199 So. 3d 1051, 1052 (Fla. 5th DCA 2016) (noting “that evidence of a valid pre-suit assignment of the note and mortgage from the original payee or its nominee, MERS, to the foreclosure plaintiff was sufficient proof that the plaintiff held the note and mortgage and had standing to foreclose”).

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw