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

No. 5D12-3823.

140 So.3d 1007 (2014)

U.S. BANK NATIONAL ASSOCIATION, etc., Appellant, v. Patricia J. BARTRAM etc., et al., Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing and Rehearing En Banc Denied June 2, 2014.


Attorney(s) appearing for the Case

Jeffrey C. Sirolly and Michael D. Starks , of Baker, Donelson, Bearman, Caldwell, & Berkowitz, PC, Orlando, for Appellant.

Michael Alex Wasylik , of Ricardo & Wasylik, PL, Dade City, and Dineen Pashoukos Wasylik , of Dineen Pashoukos Wasylik, P.A., Tampa, and Thomas R. Pycraft, Jr. , of Pycraft Legal Services, LLC, St. Augustine, for Appellee, Lewis Brooke Bartram.

T. Geoffrey Heekin , Catherine Remler Michaud , S. Hunter Malin , of Heekin, Malin & Wenzel, P.A., Jacksonville, for Appellee, The Plantation at Ponte Vedra, Inc.

No Appearance for Appellee Patricia J. Bartram.


PER CURIAM.

The appellant, U.S. Bank National Association (the Bank), appeals a summary final judgment rendered in a mortgage foreclosure case that cancels the note and mortgage executed by the appellee, Lewis Bartram (Bartram). The trial court ruled in the summary final judgment that the note and mortgage should be cancelled based on a failed attempt to foreclose the same note and mortgage in a prior foreclosure action filed by the Bank against Bartram. The issue...

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