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WELLS FARGO BANK, N.A. v. BALKISSOON

No. 4D14-669.

183 So.3d 1272 (2016)

WELLS FARGO BANK, N.A., as Trustee, on Behalf of the Holders of the Harborview Mortgage Loan Trust Mortgage Loan Pass-Through Certificates, Series 2007-1, Appellant, v. Toni BALKISSOON, Devi Balkissoon, Toni R. Balkissoon, Jr., 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, Citibank, N.A., as Successor by Merger to Citibank (South Dakota, N.A.), and tenant, Appellees.

District Court of Appeal of Florida, Fourth District.

February 3, 2016.

Attorney(s) appearing for the Case

G. Bart Billbrough and Caroline Milewski of Billbrough & Marks, P.A., Coral Gables, for appellant.

Peter Ticktin , Kendrick Almaguer and Juliane A. Murphy of The Ticktin Law Group, P.A., Deerfield Beach, for appellees.

Wells Fargo Bank, N.A. ("Wells Fargo") appeals the final judgment entered in favor of appellees Toni and Devi Balkissoon after its mortgage foreclosure case was involuntary dismissed at trial. Wells Fargo argues that the trial court erred in excluding evidence of the Balkissoons' loan payment history and the notice of default and acceleration...

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