GOODENOW v. NATIONSTAR MORTG. LLC

No. 3D18-1480.

305 So.3d 13 (2019)

Gary GOODENOW and Mary Goodenow, Appellants, v. NATIONSTAR MORTGAGE LLC, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 10, 2019.


Attorney(s) appearing for the Case

Pomeranz & Associates, P.A., and Mark L. Pomeranz (Hallandale), for appellants.

Akerman, LLP, and Nancy M. Wallace (Tallahassee), and William P. Heller , (Ft. Lauderdale), and Jeffrey S. Robin , Miami, for appellee.

Before SALTER, FERNANDEZ, and LINDSEY, JJ.


The Goodenows appeal a final judgment of foreclosure entered against them after a bench trial, alleging the trial court erred in denying their motion to strike the jury trial waiver. Specifically, the Goodenows assert that Nationstar cannot enforce the jury trial waiver because it is not a party to or assignee of the underlying mortgage. We...

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