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MILLER v. KONDAUR CAPITAL CORPORATION

No. 4D11-918.

91 So.3d 218 (2012)

John W. MILLER and Charlene M. Miller, Appellants, v. KONDAUR CAPITAL CORPORATION, Appellee.

District Court of Appeal of Florida, Fourth District.

June 20, 2012.

Attorney(s) appearing for the Case

Garry W. Johnson and Bruce K. Herman of 511 Law, P.A., Fort Lauderdale, for appellants.

Jerrold J. Golson of Florida Foreclosure Attorneys, PLLC, Clearwater, for appellee.

WARNER, J.

We affirm the order denying appellants' motion for relief from final judgment of foreclosure. Appellants claim lack of standing. We have held, however, that standing may not be raised in a motion for relief from final judgment where no affirmative defense of lack of standing was raised in the original proceeding raising the issue. See, e.g., Phadael v. Deutsche Bank Trust Co. Americas, 83...

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