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

No. 4D14-4052.

190 So.3d 235 (2016)

U.S. BANK NATIONAL ASSOCIATION, as Trustee on Behalf of the Holders of CSAB Mortgage-Backed Pass-Through Certificates, Series 2007-1, Appellant, v. Zacarie BENOIT, Mortgage Electronic Registration Systems Incorporated as Nominee for First Interstate Financial Corp., and Thacker Limited Partnership, Appellees.

District Court of Appeal of Florida, Fourth District.

May 4, 2016.

Attorney(s) appearing for the Case

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

Kendrick Almaguer , Peter Ticktin , and Joshua Bleil of The Ticktin Law Group, P.A., Deerfield Beach, for appellee Zacarie Benoit.

The issue presented is whether a court must enforce a settlement agreement and enter consent final judgment of foreclosure when both parties mutually assent to the agreement but the plaintiff is subsequently unable to produce the original promissory note. We hold that since Florida law "highly favor[s]" settlement, the trial court erred...

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