DiGIOVANNI v. DEUTSCHE BANK NAT. TRUST CO.

Case No. 2D15-4180.

226 So.3d 984 (2017)

Leonardo N. DiGIOVANNI, Appellant, v. DEUTSCHE BANK NATIONAL TRUST COMPANY f/k/a Bankers Trust Company of California, National Association, as Trustee for Vendee Mortgage Trust 1999-3, Unknown Spouse of Leonardo N. Digiovanni; City of Cape Coral, Florida, a Municipal Corporation; Unknown Tenant #1 n/k/a Kim Mitchell; Unknown Tenant #2 n/k/a Charlie Mitchell; Unknown Tenant #3; Unknown Tenant #4; and Other Unknown Parties, Including the Unknown Spouse of any Title Holder in Possession of the Property; and, If a Named Defendant(s) Is Deceased, the Surviving Spouse, Heirs, Devisees, Grantees, Creditors, and All Other Parties Claiming by, through, Under or Against that Defendant(s); and The Several and Respective Unknown Assigns, Successors in Interest, Trustees or Other Persons Claiming by, through, Under or Against any Corporation or Other Legal Entity Named as a Defendant(s); and All Claimants, Persons or Parties, Natural or Corporate, or Whose Exact Legal Status Is Unknown, Claiming Under Any of the Above Named or Described Defendant(s), Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied May 16, 2017.


Attorney(s) appearing for the Case

Mark P. Stopa of Stopa Law Firm, Tampa, for Appellant.

Mary J. Walter of Liebler, Gonzalez & Portuondo, Miami, for Appellee Deutsche Bank National Trust Company f/k/a Bankers Trust Company of California, National Association, as Trustee for Vendee Mortgage Trust 1999-3.

No appearance for remaining Appellees.


Leonardo N. DiGiovanni appeals the final judgment of foreclosure entered against him and in favor of Deutsche Bank National Trust Company f/k/a Bankers Trust Company of California, National Association, as Trustee for Vendee Mortgage Trust 1999-3. Because Deutsche Bank failed to show standing to foreclose, we reverse.

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