LYTTLE v. BANKUNITED

No. 5D10-3790.

115 So.3d 425 (2013)

Lewis LYTTLE and Gladys Lyttle, Appellant, v. BANKUNITED, Assignee of the FDIC, as Receiver, etc., Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied June 19, 2013.


Attorney(s) appearing for the Case

George M. Gingo and James E. Orth , Mims, for Appellant.

Katherine J. Walke , Thomas M. Moon and Reena Patel , of Van Ness Law Firm, P.A., Deerfield Beach, for Appellee.


PER CURIAM.

This is an appeal of a summary judgment entered in a mortgage foreclosure case where the name of the payee on the note was not the name of the plaintiff in the foreclosure action. Appellee was the plaintiff in the trial proceedings. In Richards v. HSBC Bank USA, 91 So.3d 233 (Fla. 5th DCA 2012), this court held:

A plaintiff must tender the original promissory note to the trial court or seek to reestablish...

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