EVELYN MARTINEZ, ET AL.
v.
SELENE FINANCE LP
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A financial institution is entitled to rely on the presumption that signatures on indorsements are authentic under Florida Statute § 673.3081(1) when the opposing party fails to present evidence supporting a claim that the signatures were unauthorized.
[1] Under Florida Statute § 673.3081(1), a financial institution is entitled to a presumption that signatures on indorsements are authentic, and this presumption is not rebut…
[2] Under Florida's summary judgment standard, when a plaintiff-lender moves for summary judgment, the defendant-borrower bears the initial burden of presenting evidence to e…
Previewing 2 of 2 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“plaintiff bank was entitled to rely on presumption that signature on indorsements was authentic as provided in section 673.3081(1) in absence of evidentiary showing by defendants to support their claim that signature was unauthorized”
Bennett v. Deutsche Bank Nat. Tr. Co., cited for the principle that banks may rely on the statutory presumption of authentic indorsements absent contrary evidence
Evelyn Martinez and others appealed a summary judgment entered in favor of Selene Finance LP in a mortgage-related dispute. The case involved question…
The full statement of facts, procedural history, and disposition for this case are member content.
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Third District Court of Appeal State of Florida
Opinion filed July 10, 2024. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D22-1623 Lower Tribunal No. 14-31340 ________________
Evelyn Martinez, et al., Appellants,
vs.
Selene Finance LP, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Jose M. Rodriguez, Judge.
Pomeranz & Associates, P.A., and Mark L. Pomeranz (Hallandale), for appellants.
Robertson, Anschutz, Schneid, Crane & Partners, PLLC and David Rosenberg (Boca Raton), for appellee.
Before LOGUE, C.J., and LINDSEY and LOBREE, JJ.
PER CURIAM.
Affirmed. See § 673.3081(1), Fla. Stat. (2022); Bennett v. Deutsche
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