Kelley Kronenberg Secures Appellate Affirmance of Foreclosure Judgment in Florida Second DCA

Kelley Kronenberg Partner Danielle Spradley secured a per curiam affirmance from Florida’s Second District Court of Appeal, upholding a final judgment of mortgage foreclosure with exposure of over $1.4 million that she had previously won at a non-jury trial. 

The borrower appealed the final judgment, raising seven issues. She argued the lender switched its theory of standing at trial, that the trial court erred in admitting the lost note affidavit, that the lender failed to prove the loss of the note was not the result of a transfer or seizure, that the lender failed to prove mailing of the default notice, that the trial court improperly allowed the pleadings to be amended to conform to the evidence, and that the court erred in awarding attorney’s fees. 

Danielle defended the judgment on appeal, arguing that the lender had established standing through competent, substantial evidence, including testimony from the servicer’s corporate representative and documentary evidence of the chain of ownership. She argued the trial court properly admitted the lost note affidavit under the business records exception, that the servicer’s witness laid proper foundation for proof of mailing through testimony regarding routine business practices, and that the motion to conform the pleadings to the evidence was properly granted where the borrower failed to demonstrate prejudice. 

Danielle presented oral argument before the Second DCA in August 2025. The Court affirmed the final judgment without comment. The only issue on which the court reversed was the attorney’s fee award, remanding for an evidentiary hearing on reasonableness, a point that had no practical impact given the property’s value. 

This case reflects the importance of building a complete trial record. Danielle handled both the trial and the appeal, carrying through from the initial judgment to its affirmance on appeal. For lenders and servicers facing contested foreclosures, having counsel who can litigate a case from trial through appeal provides consistency and efficiency. 

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