U.S. BANK NAT. ASS'N v. KNIGHT

No. 4D10-5008.

90 So.3d 824 (2012)

U.S. BANK NATIONAL ASSOCIATION, as Indenture Trustee for American Home Mortgage Investment Trust 2005-4, Mortgage Backed Certificates, Series 2005-4, Appellant, v. William L. KNIGHT, unknown spouse of William L. Knight n/k/a Beverly A. Knight; Premier American Bank, N.A., as Successor-in-Interest to Florida Community Bank; Charles S. Theofilos, M.D., P.A.; Rap Knifore, LLC; Robb & Stucky Limited LLLP d/b/a Robb & Stucky Ltd; Eweb Funding Group, LLC; 1st United Bank, as Successor-in-Interest to Republic Federal Bank, N.A.; Federal Deposit Insurance Corporation, as Receiver for Republic Federal Bank, N.A., Appellees.

District Court of Appeal of Florida, Fourth District.

April 11, 2012.


Attorney(s) appearing for the Case

Peter M. Bernhardt and Mary F. April of McDonald Hopkins LLC, West Palm Beach, for appellant.

Brian M. Becher and Andrew M. Dector of Shapiro, Blasi, Wasserman & Gora, P.A., Boca Raton, for appellee RAP Knifore, LLC.


POLEN, J.

U.S. Bank appeals the order of the trial court, granting appellee's motion to dismiss with prejudice its claims to foreclose on a mortgage and reestablish a lost note contained in its third amended complaint. The subject note and mortgage were entered into in 2005, between Knight, as borrower, AHMA, as lender, and MERS, as mortgagee. Appellee RAP Knifore, LLC is the current title owner of the property.

On October 30, 2008, U.S. Bank filed a two-count...

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