JEFFREY J. BURDENSKI
v.
BRANCH BANKING AND TRUST COMPANY AND MILAN HOMEOWNERS ASSOCIATION, INC.
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A trial court errs when it denies a motion for involuntary dismissal in a foreclosure action where the plaintiff has failed to establish a necessary element of its case as required by DeLong v. Lakeview Loan Servicing, LLC.
[1] In a foreclosure action, a trial court must grant a motion for involuntary dismissal when the plaintiff fails to establish a necessary element of its case, as established by DeLong v. …
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Join FLexlaw to unlock all legal intelligenceJeffrey J. Burdenski was the defendant in a foreclosure action brought by Branch Banking and Trust Company and Milan Homeowners Association, Inc. in B…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
JEFFREY J. BURDENSKI, Appellant, v. Case No.5D19-20
CORRECTED
BRANCH BANKING AND TRUST
COMPANY AND MILAN HOMEOWNERS
ASSOCIATION, INC., Appellees. ________________________________/ Opinion filed July 2, 2020 Appeal from the Circuit Court for Brevard County, David Dugan, Judge. Beau Bowin, of Bowin Law Group, Indialantic, for Appellant. Shaib Y. Rios and Michael W. Smith, of Brock & Scott, PLLC, Ft. Lauderdale, for Appellees.
PER CURIAM.
Jeffrey J. Burdenski, Appellant, appeals a final judgment of foreclosure arguing that the trial court erred when it denied his motion for involuntary dismissal based on our decision in DeLong v. Lakeview Loan Servicing, LLC, 222 So. 3d 662 (Fla. 5th DCA 2017). We find Appellees’ attempts to distinguish DeLong unpersuasive. Accordingly,
2 we reverse the final judgment of foreclosure and remand with instructions to enter a final judgment of involuntary dismissal. See id. at 663. REVERSED and REMANDED with INSTRUCTIONS. WALLIS, EISNAUGLE, and TRAVER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Delong v. Lakeview Loan Servicing, LLC, 222 So. 3d 662 (Fla. 5th DCA 2017)