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LARREA v. NATIONSTAR MORTGAGE, LLC

Case No. 5D16-2931.

228 So.3d 621 (2017)

Leonard LARREA and Norma Larrea, Appellants, v. NATIONSTAR MORTGAGE, LLC, Philip D. Aguirre, Norma M. Aguirre, Bank of America, N.A., Brevard County, Florida and Harbour Royale Condominium Association, Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing/Rehearing En Banc Denied November 2, 2017.

Attorney(s) appearing for the Case

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

Nancy M. Wallace of Akerman LLP, Tallahassee, William P. Heller , of Akerman, LLP, Fort Lauderdale, and Eric M. Levine , of Akerman LLP, West Palm Beach, for Appellee, Nationstar Mortgage, LLC.

No Appearance for other Appellees.

AFFIRMED. See Caraccia v. U.S. Bank, N.A., 185 So.3d 1277, 1279 (Fla. 4th DCA 2016) (holding even where third party has physical possession of note, so long as plaintiff had power to exercise control over it, then plaintiff had constructive possession of note).

SAWAYA, ORFINGER...

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