DEUTSCHE BANK NAT. TRUST CO. v. CLARKE

No. 4D10-3156.

87 So.3d 58 (2012)

DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for First Franklin Mortgage Loan Trust 2006-FF7, Mortgage Pass-Through Certificates, Series 2006-FF7, Appellant, v. Ezra CLARKE a/k/a Ezra C. Clarke, Carol M. Clarke, and Sunset Lakes Master Association, Inc., and any unknown heirs, devisees, grantees, creditors, and other unknown persons or unknown spouses claiming by, through, and under any of the above-named defendants, Appellees.

District Court of Appeal of Florida, Fourth District.

April 18, 2012.


Attorney(s) appearing for the Case

Thomasina F. Moore and Dennis W. Moore of Butler & Hosch, P.A., Orlando, for appellant.

Peter Ticktin , Jessica Ticktin , Josh Bleil , Megan Carraher , and Cody Pfleuger of The Ticktin Law Group, P.A., Deerfield Beach, for appellees.


GROSS, J.

At a trial in a mortgage foreclosure case, the plaintiff did not introduce the original note into evidence. The original note had been filed with the clerk of court and was in the court file in preparation for an earlier scheduled summary judgment hearing. With this explanation, the trial judge admitted a copy of the note in evidence without a best evidence rule objection from the defendants. Later, the trial judge granted the defendants' motion for dismissal...

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