WELLS FARGO BANK v. ELKIND

No. 4D17-1213.

254 So.3d 1153 (2018)

WELLS FARGO BANK, N.A., Appellant, v. Joseph B. ELKIND, a/k/a Joseph Elkind, Timothy M. Donovan, Badabra, LLC, and United States of America, Department of the Treasury, Appellee.

District Court of Appeal of Florida, Fourth District.

September 5, 2018.


Attorney(s) appearing for the Case

Michael K. Winston and Dean A. Morande of Carlton Fields Jorden Burt, P.A., West Palm Beach, for appellant.

Bruce K. Herman of The Herman Law Group, P.A. Fort Lauderdale, for appellee, Joseph B. Elkind a/k/a Joseph Elkind.


ON MOTION FOR REHEARING

We grant appellant's motion for rehearing, withdraw our opinion dated July 18, 2018, and substitute the following.

The bank filed a verified complaint to foreclose a mortgage against the borrower, who raised several affirmative defenses, including lack of standing. Thereafter, the bank voluntarily dismissed...

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