May 2, 2024
ShareKelley Kronenberg Secures Appellate Victory for Lender Client
Kelley Kronenberg Attorney Danielle Spradley, alongside Partner Irina Danilyan, accomplished a significant appellate victory in a crucial real estate matter, representing our national lender client.
The case, heard by Florida’s 5th District Court of Appeal, involved a dispute stemming from a foreclosure action due to the borrower’s default on payments. Following a motion for summary judgment hearing on September 6, 2022, a final judgment was entered which favored our client, the plaintiff. However, an appeal was filed by an entity claiming to be one of the defendants, contesting the Court’s decision.
The appellant argued that the Court erred in granting the motion for summary judgment while a motion for involuntary dismissal was pending and due to the deemed admission of requests for admissions. Our team’s arguments centered on demonstrating that the evidence presented during the summary judgment hearing established the plaintiff’s rightful ownership of the original note. Furthermore, it was argued that the appellant, as a subsequent purchaser not a party to the original action, lacked standing to bring the motion.
The legal analysis focused on several key points: first, the burden on the appellant to demonstrate error in the absence of a transcript; second, the propriety of the final judgment despite the unresolved motion for involuntary dismissal, given the appellant’s lack of standing; and third, the sufficiency of evidence establishing the plaintiff’s standing to initiate the foreclosure action.
Ultimately, the DCA delivered a per curiam affirmation, upholding the lower court’s decision and validating Kelley Kronenberg’s legal arguments.
Find out more about our Mortgage Foreclosure and Default Services practice here: https://www.kelleykronenberg.com/our-practices/mortgage-foreclosure-default-services/
Read our latest e-newsletter, “In the Know: Mortgage Foreclosure & Default Services Edition,” by clicking here: https://www.kelleykronenberg.com/newsletter/real-estate-newsletter-q1-2024-edition/