BENJAMIN M. ALLEN, TRUSTEE
v.
WELLS FARGO BANK, N. A., ET AL

Fla. 2d DCA | 2019-04-10
No. 18-1054
Little, Senior Judge, Kelly, J., Khouzam, J., Lucas, J.
268 So. 3d 115 Florida District Court of Appeal, Second District (2019)

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Holding

The trial court's judgment was affirmed.


Headnotes

[1] A party appealing a final judgment must file a notice of appeal within thirty days after the rendition of the final judgment.

[2] A notice of appeal must be filed in the trial court, not the appellate court.

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Facts & Procedural History

Benjamin M. Allen, as trustee of the Benjamin Allen Revocable Trust, appealed a circuit court decision involving Wells Fargo Bank, N.A., Kondaur Capit…

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Per_curiam
Per Curiam

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

BENJAMIN M. ALLEN, as trustee of the ) Benjamin Allen Revocable Trust Dated ) December 14, 2015, ) ) Appellant, ) ) v. ) Case No. 2D18-1054 ) WELLS FARGO BANK, N.A., successor ) By merger to Wells Fargo Bank ) Minnesota, N.A. (F/K/A Norwest Bank ) Minnesota, N.A.), as trustee under that ) Certain polling and servicing agreement ) Relating to Structured Asset Securities ) Corporation Mortgage Pass Through ) Certificate 2002-HF-1; KONDAUR ) CAPITAL CORPORATION, as separate ) Trustee of Matawin Ventures Trust ) Series 2015-1; JAY SULLIVAN, as ) Guardian for Bertha A. Sullivan, ) Incapacitated; RANDALL O. REDER; ) UNKNOWN TENANT #1; UNKNOWN ) TENANT #2; AND/OR TENANTS IN )

POSSESSION IF THE ABOVE

)

DEFENDANTS ARE ALIVE AND IF

)

ONE OR MORE OF SAID

)

DEFENDANTS ARE DEAD, THEIR

) UNKNOWN SPOUSES, HEIRS, )

DEVISEES, GRANTEES, PERSONAL

)

REPRESENTATIVES, CREDITORS

)

AND ALL OTHER PARTIES CLAIMING

) BY, THROUGH OR AGAINST THEM; )

AND ALL PARTIES HAVING OR

) CLAIMING TO HAVE ANY RIGHT, )

TITLE OR INTEREST IN THE

)

PROPERTY DESCRIBED IN THE

)

COMPLAINT, ) ) Appellees. ) ___________________________________) Opinion filed April 10, 2019. Appeal from the Circuit Court for Hillsborough County; Perry A. Little, Senior Judge. Randall O. Reder of Randall O. Reder, P.A., Tampa, for Appellant. Michelle A. Cavallaro of Fidelity National Law Group, Fort Lauderdale, for Appellee Kondaur Capital Corporation, as separate Trustee of Matawin Ventures Trust Series 2015-1. Tara M. McDonald of Gilbert Garcia Group, P.A., Tampa, for Appellee Wells Fargo Bank, N.A., successor By merger to Wells Fargo Bank Minnesota, N.A. (F/K/A Norwest Bank Minnesota, N.A.), as trustee under that Certain polling and servicing agreement Relating to Structured Asset Securities Corporation Mortgage Pass Through Certificate 2002-HF-1. No appearance for remaining Appellees.

PER CURIAM.

Affirmed. KELLY, KHOUZAM, and LUCAS, JJ., Concur.


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