TRUCAP GRANTOR TRUST 2010-1 v. PELT

No. 2D11-2492.

84 So.3d 369 (2012)

TRUCAP GRANTOR TRUST 2010-1, Petitioner, v. Glenn W. PELT; Linda A. Pelt; Mortgage Electronic Registration Systems, Inc.; Min No. 1002370-9000063487-7; Beneficial Florida, Inc.; PNC Bank, N.A., Successor by Merger to National City Bank; and Lake Jovita Homeowners Association, Inc., Respondents.

District Court of Appeal of Florida, Second District.

March 14, 2012.


Attorney(s) appearing for the Case

Roy A. Diaz and Diana B. Matson of Smith, Hiatt & Diaz, P.A., Ft. Lauderdale, for Petitioner.

No appearance for Respondents.


SILBERMAN, Chief Judge.

Petitioner Trucap Grantor Trust 2010-1 seeks certiorari review of a nonfinal order that denies without prejudice Trucap's motion to amend its complaint to add a count to reestablish a lost promissory note in Trucap's mortgage foreclosure action against Respondents Glenn and Linda Pelt and other interested parties. The trial court denied Trucap's motion to amend its complaint without prejudice based on the court's interpretation of the verification...

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