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REILLY v. U.S. BANK NATIONAL ASSOCIATION

No. 4D14-867.

185 So.3d 620 (2016)

Frank REILLY, Appellant, v. U.S. BANK NATIONAL ASSOCIATION, as Trustee for JP Morgan Trust 2007-S1, Appellee.

District Court of Appeal of Florida, Fourth District.

February 3, 2016.

Attorney(s) appearing for the Case

Kenneth Eric Trent , Fort Lauderdale, for appellant.

Elliot B. Kula and W. Aaron Daniel of Kula & Associates, P.A., Miami, for appellee.

Appellant Frank Reilly appeals a final judgment of foreclosure, arguing that the trial court erred by proceeding to trial where the case was not yet at issue.1 We agree and reverse.

Mr. Reilly and Mynabel Roche, who were married at the time, executed a promissory note and a mortgage.2<...

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