WILLIAM A. CROMARTY AND MAUREEN CROMARTY, APPELLANTS,
v.
WELLS FARGO BANK, NA, APPELLEE

Fla. 4th DCA | 2013-04-17
No. 4D11-4435
MAY, C.J., and TAYLOR, J., concur.
110 So. 3d 988 Florida District Court of Appeal, Fourth District (2013) Caution
Cited by 4 cases
Topics
Standing To Enforce Note Enforcement of Note Blank Endorsement Foreclosure

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Opinion of the Court
GERBER, J.

GERBER, J.

The borrowers appeal from the circuit court’s final summary judgment of foreclosure in the bank’s favor. The borrowers *989argue, among other things, that the bank failed to negate their affirmative defense of lack of standing. Specifically, the borrowers argue that the note’s blank endorsement was undated and the bank’s evidence was insufficient to establish that it held the note and was entitled to enforce the note at the time it filed suit.

We agree with the borrowers’ argument as to standing and reverse. See Hall v. REO Asset Acquisitions, LLC, 84 So.3d 388 (Fla. 4th DCA 2012) (“While the note introduced had a blank endorsement and was sufficient to prove ownership by ap-pellee, who possessed the note, nothing in the record shows that the note was acquired prior to the filing of the complaint. The endorsement did not contain a date, nor did the affidavit filed in support of the motion for summary judgment contain any sworn statement that the note was owned by the plaintiff on the date that the complaint was filed.”). We conclude the borrowers’ other arguments lack merit.

Reversed and remanded.

MAY, C.J., and TAYLOR, J., concur.

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  • Abdel (Darwish) Darwiche and Batoul (Darwish) Darwiche v. The Bank OF NEW York Mellon, 185 So. 3d 1261 (Fla. 4th DCA 2016)
    …issory note” fails to clarify at what point the bank obtained possession of the blank-indorsed note, and is therefore insufficient evidence of whether the bank possessed the note, from the inception of the suit. See Cromarty v. Wells Fargo Bank, NA, 110 So. 3d 988, 989 (Fla. 4th DCA 2013) (“While the note introduced had a blank [ijndorsement and was sufficient to prove ownership by appellee, who possessed the note, nothing in the record shows that the note was acquired prior to the filing of the complaint. Th…
  • State v. M.A., 174 So. 3d 522 (Fla. 4th DCA 2015)
    …al court noted that there was a pickup order as to M.A. issued on November 15, 2012, and that there had been a take custody order for over a year. The trial court then sua sponte dismissed the pending petition for delinquency based on State v. A.A., 110 So. 3d 988 (Fla. 4th DCA 2013). The state objected and this appeal ensues. We review the dismissal of a petition for delinquency de novo. State v. S.P., 24 So. 3d 756, 757 (Fla. 4th DCA 2009). Section 985.0301, Florida Statutes (2014), provides, in relevant…
  • State v. J.Q., 178 So. 3d 943 (Fla. 4th DCA 2015)
    …CA 2015). By sua sponte dismissing the delinquency petition, the trial court improperly encroached upon the State’s discretion to prosecute D.A. See id. Id, at 230 (emphasis in original) (footnote omitted). The trial court relied on State v. A.A., 110 So. 3d 988 (Fla. 4th DCA 2013), in dismissing the petition. A.A., however, is distinguishable. There, the state argued that the trial court lacked jurisdiction to dismiss a juvenile case where thé juvenile had not been Served.1 This court affirmed, holding tha…

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