STONE v. BANKUNITED

No. 2D12-980.

115 So.3d 411 (2013)

Andrea STONE; The Unknown Spouse of Andrea Stone; any and all Unknown Parties Claiming by, Through, Under, and Against the Herein Named Individual Defendant(S) who are not known to be Dead or Alive, Whether said Unknown Parties may Claim an Interest as Spouses, Heirs, Devisees, Grantees, or other Claimants; Tenant #1; Tenant #2; Tenant #3, and Tenant #4 the names being fictitious to account for parties in possession, Appellants, v. BANKUNITED, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied June 19, 2013.


Attorney(s) appearing for the Case

Jacqulyn Mack of The Mack Law Firm, Chtd., Englewood, for Appellant Andrea Stone.

No appearance for remaining Appellants.

Gary M. Carman of GrayRobinson, P.A., Miami, for Appellee.


MORRIS, Judge.

Andrea Stone appeals a final judgment of foreclosure entered after a nonjury trial. We affirm the decision of the trial court and write to address Stone's argument that BankUnited failed to establish that it had standing to foreclose on the mortgage when it filed the complaint.

On April 16, 2010, BankUnited, a national bank, filed a one-count complaint for mortgage foreclosure to collect $248,569.76 borrowed by Andrea Stone pursuant to a promissory...

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