Morrison v. US Bank, N.A.

Florida District Courts of Appeal
Morrison v. US Bank, N.A., 66 So. 3d 387 (2011)
2011 Fla. App. LEXIS 11906; 2011 WL 3206874
Sawaya, Torpy, Evander

Morrison v. US Bank, N.A.

Opinion

PER CURIAM.

Appellants challenge the final summary judgment in foreclosure entered in favor of Appellee. Appellants’ sole argument on appeal is that a disputed issue of material fact exists as to whether Appellee provided notice of default, as required by the language in the mortgage. Appellants denied that the notice had been provided, specifically quoting the language of the mortgage that pertained to the notice. Although Appellee attached a copy of the notice to its motion, the notice was not authenticated by affidavit or otherwise. The trial court overruled Appellants’ objection to the unauthenticated document. Appellee concedes that this was error, but nevertheless, contends that Appellants failed to raise the lack of notice in their pleading *388 with the requisite specificity. We disagree and accordingly reverse and remand this cause for further proceedings.

REVERSED AND REMANDED.

SAWAYA, TORPY and EVANDER, JJ., concur.

Reference

Full Case Name
Dianne MORRISON and Michael Herbert, Appellants, v. US BANK, N.A., as Trustee for CSAB, Etc., Appellee
Cited By
8 cases
Status
Published