Edmonds v. U.S. Bank Nat'l Ass'n, Case No. 2D15–2590

CourtCourt of Appeal of Florida (US)
Writing for the CourtSILBERMAN, Judge.
Citation215 So.3d 628
Parties Douglas C. EDMONDS and Archondoula N. Edmonds, Appellants, v. U.S. BANK NATIONAL ASSOCIATION; JP Morgan Chase Bank, National Association, Appellees.
Decision Date05 April 2017
Docket NumberCase No. 2D15–2590

215 So.3d 628

Douglas C. EDMONDS and Archondoula N. Edmonds, Appellants,
v.
U.S. BANK NATIONAL ASSOCIATION; JP Morgan Chase Bank, National Association, Appellees.

Case No. 2D15–2590

District Court of Appeal of Florida, Second District.

Opinion filed April 5, 2017.


Mark P. Stopa of Stopa Law Firm, Tampa, for Appellants.

Ira Scot Silverstein of Ira Scot Silverstein, PLLC, Fort Lauderdale, for Appellee U.S. Bank National Association.

No appearance for Appellee JP Morgan Chase Bank, National Association.

SILBERMAN, Judge.

After a nonjury trial, Douglas C. Edmonds and Archondoula N. Edmonds appeal a final judgment of foreclosure entered in favor of JP Morgan Chase Bank, National Association (JP Morgan). Because the appellees failed to establish that notice of default was given as required by paragraph 22 of the mortgage, which was a condition precedent to filing suit, we reverse the final judgment and remand for the trial court to enter an order of involuntary dismissal.

The condition precedent issue is dispositive of this appeal. Thus, we do not address the other issues that the Edmonds raise. However, we note that the record reflects somewhat of a procedural quagmire, which is the reason we have listed both JP Morgan and U.S. Bank National Association (U.S. Bank) as appellees. See Fla. R. App. P. 9.020(g)(2).

By way of background, the original lender was Chase Bank USA, N.A. (Chase). JP Morgan filed the foreclosure complaint and attached a copy of the note indorsed in blank. Prior to trial, JP Morgan filed a motion to substitute U.S. Bank as party plaintiff. At trial, counsel appeared for U.S. Bank, and the trial court asked if an order on the motion to substitute had ever been entered. The parties asserted that an order had been entered, but U.S. Bank's counsel could not find it in the file. Our record does not contain an order on the motion to substitute, and the trial court docket does not reflect that the trial court ever ruled on the motion. The final judgment identifies JP Morgan as the plaintiff and makes no mention of U.S. Bank. The Edmonds' notice of appeal identifies U.S. Bank as the plaintiff (now appellee), but their initial brief identifies JP Morgan as the appellee. The style of the answer brief lists JP Morgan as the appellee, but counsel

215 So.3d 630

specifies that the brief is filed on behalf of U.S. Bank. For ease of reference, we refer to the appellees as the Plaintiff unless otherwise required by the context.

With this background in mind, we turn to the issue of the notice of default. Paragraph 22 of the mortgage...

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11 practice notes
  • Mace v. M&T Bank, Case No. 2D16-3381
    • United States
    • Court of Appeal of Florida (US)
    • March 25, 2020
    ...to allow a trial court to infer that the letter was mailed. Spencer, 242 So. 3d at 1191 ; see also Edmonds v. U.S. Bank Nat'l Ass'n, 215 So. 3d 628, 630 (Fla. 2d DCA 2017) ("Although the letters were admitted into evidence, the fact that they were drafted is insufficient by itself to show t......
  • Tracey v. Wells Fargo Bank, N.A., Case No. 2D16-5091
    • United States
    • Court of Appeal of Florida (US)
    • February 27, 2019
    ...evidence presented by the Bank showed that the Bank was the holder of the note at any relevant point"); Edmonds v. U.S. Bank Nat'l Ass'n, 215 So.3d 628, 631 (Fla. 2d DCA 2017) (concluding that involuntary dismissal was appropriate where plaintiff failed to offer any evidence that it complie......
  • Spencer v. Ditech Fin., LLC, Case No. 2D16–4817
    • United States
    • Court of Appeal of Florida (US)
    • April 4, 2018
    ...that it was mailed." Allen v. Wilmington Tr., N.A., 216 So.3d 685, 687–88 (Fla. 2d DCA 2017) ; see also Edmonds v. U.S. Bank Nat'l Ass'n, 215 So.3d 628, 630 (Fla. 2d DCA 2017) (citing Allen with approval). Rather, "mailing must be proven by producing additional evidence such as proof of reg......
  • Daly v. Marion Cnty., No. 1D17-4509
    • United States
    • Court of Appeal of Florida (US)
    • November 27, 2018
    ...§ 985.686(5), Fla. Stat. In Marion County , we held that this language requires "more than a reconciliation on paper." Marion Cty., 215 So.3d at 628. "The fact that the Department's rules only provide for a forwarding credit does not delete the statutory requirements that counties are only ......
  • Request a trial to view additional results
11 cases
  • Mace v. M&T Bank, Case No. 2D16-3381
    • United States
    • Court of Appeal of Florida (US)
    • March 25, 2020
    ...to allow a trial court to infer that the letter was mailed. Spencer, 242 So. 3d at 1191 ; see also Edmonds v. U.S. Bank Nat'l Ass'n, 215 So. 3d 628, 630 (Fla. 2d DCA 2017) ("Although the letters were admitted into evidence, the fact that they were drafted is insufficient by itself to show t......
  • Tracey v. Wells Fargo Bank, N.A., Case No. 2D16-5091
    • United States
    • Court of Appeal of Florida (US)
    • February 27, 2019
    ...evidence presented by the Bank showed that the Bank was the holder of the note at any relevant point"); Edmonds v. U.S. Bank Nat'l Ass'n, 215 So.3d 628, 631 (Fla. 2d DCA 2017) (concluding that involuntary dismissal was appropriate where plaintiff failed to offer any evidence that it complie......
  • Spencer v. Ditech Fin., LLC, Case No. 2D16–4817
    • United States
    • Court of Appeal of Florida (US)
    • April 4, 2018
    ...that it was mailed." Allen v. Wilmington Tr., N.A., 216 So.3d 685, 687–88 (Fla. 2d DCA 2017) ; see also Edmonds v. U.S. Bank Nat'l Ass'n, 215 So.3d 628, 630 (Fla. 2d DCA 2017) (citing Allen with approval). Rather, "mailing must be proven by producing additional evidence such as proof of reg......
  • Daly v. Marion Cnty., No. 1D17-4509
    • United States
    • Court of Appeal of Florida (US)
    • November 27, 2018
    ...§ 985.686(5), Fla. Stat. In Marion County , we held that this language requires "more than a reconciliation on paper." Marion Cty., 215 So.3d at 628. "The fact that the Department's rules only provide for a forwarding credit does not delete the statutory requirements that counties are only ......
  • Request a trial to view additional results

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