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ZARATE v. DEUTSCHE BANK

No. 3D11-1454.

81 So.3d 556 (2012)

Rafael Jack ZARATE, Appellant, v. DEUTSCHE BANK NATIONAL TRUST CO. AS TRUSTEE, Appellee.

District Court of Appeal of Florida, Third District.

February 22, 2012.

Attorney(s) appearing for the Case

Morris duPont , and J. Wil Morris , for appellant.

Law Offices of Marshall C. Watson, and Robert R. Edwards , Fort Lauderdale, for appellee.

Before SUAREZ, CORTIÑAS, and FERNANDEZ, JJ.

SUAREZ, J.

Rafael Jack Zarate ["Zarate"], defendant below, appeals from the trial court's denial, without prejudice, of his motion for relief from judgment and/or rehearing of the plaintiff's, Deutsche Bank National Trust Co., as Trustee ["Deutsche Bank"], motion for summary judgment in this residential foreclosure action. We affirm.

In 2005, Zarate executed and delivered a promissory note and mortgage to Wilmington Finance, a division of AIG Federal

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