GEWEYE v. VENTURES TRUST 2013-I-H-R

No. 2D14-4668.

189 So.3d 231 (2016)

Carolyn M. GEWEYE a/k/a Carolyn May Geweye, Appellant, v. VENTURES TRUST 2013-I-H-R; THE Unknown Spouse Of Carolyn M. Geweye a/k/a Carolyn May Geweye; THE Unknown Heirs, Devisees, Grantees, Assignees, Lienor, Creditors, Trustees, or other Claimants claiming by, through, under or against Virginia Larue Wright, deceased; Bruce Carl Wright a/k/a Bruce C. Wright, as heir of the Estate of Virginia Larue Wright, deceased; Howard Edwin Wright a/k/a Howard E. Wright, as heir of the Estate of Virginia Larue Wright, deceased; Carolyn May Geweye, as heir of the Estate of Virginia Larue Wright, deceased; 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; Foxwood at Panther Ridge Homeowners' Association, Inc.; and JPMorgan by Merger with Washington Mutual Bank FA, Appellees.

District Court of Appeal of Florida, Second District.

March 16, 2016.


Attorney(s) appearing for the Case

H. Daniel McKillop of McKillop Law Firm, Sarasota, for Appellant.

Shaib Y. Rios of Brock & Scott, PLLC, Fort Lauderdale; and Orlando DeLuca and Shawn Taylor of DeLuca Law Group, PLLC, Fort Lauderdale, for Appellee Ventures Trust 2013-I-H-R.

No appearance for remaining Appellees.


Carolyn Geweye appeals a final judgment of foreclosure entered in favor of Ventures Trust 2013-I-H-R (Ventures), following a bench trial. We reverse because Ventures failed to prove its standing to enforce the note. Because the standing issue is dispositive, we withhold comment on the other issues raised by Ms. Geweye on appeal.

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