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McLEAN v. JP MORGAN CHASE BANK NAT. ASS'N

No. 4D10-3429.

79 So.3d 170 (2012)

Robert McLEAN, Appellant, v. JP MORGAN CHASE BANK NATIONAL ASSOCIATION, not individually but solely as Trustee for the holders of Structured Asset Mortgage Investments II, Inc., Mortgage Pass-Through Certificates, Series 2006-ARS, Appellee.

District Court of Appeal of Florida, Fourth District.

February 8, 2012.

Attorney(s) appearing for the Case

Stuart N. House of Giunta & House, P.A., Fort Lauderdale, for appellant.

Heidi J. Weinzetl of Shapiro & Fishman, LLP, Boca Raton, for appellee.

ON MOTION FOR CLARIFICATION

PER CURIAM.

We grant appellee's motion for clarification, withdraw our previously issued opinion, and substitute the following in its place.

Robert McLean appeals a final judgment of foreclosure entered in favor of JP Morgan Chase Bank ("Chase") as Trustee for holders of certain mortgage pass-through certificates. We reverse, concluding that the trial court erred in entering summary judgment in Chase's favor, where...

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