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DEUTSCHE BANK TRUST CO. v. JB INVESTMENT

No. 4D18-3240.

274 So.3d 1114 (2019)

DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE FOR RESIDENTIAL ACCREDIT LOANS, INC., MORTGAGE ASSET-BACKED PASS-THROUGH CERTIFICATES SERIES 2006-QO1, Appellant, v. JB INVESTMENT REALTY, LLC, BW Homeowners' Association, Inc., Boca Falls Homeowners Association, Inc., Henry R. Ensler, Homecomings Financial, LLC f/k/a Homecomings Financial Network, Inc., a dissolved Florida corporation, by and through Jill M. Horner, its president, and Kimberly A. Ensler, Appellees.

District Court of Appeal of Florida, Fourth District.

June 5, 2019.

Attorney(s) appearing for the Case

Nancy M. Wallace , Akerman LLP, Tallahassee, William P. Heller , Akerman LLP, Fort Lauderdale, and Eric M. Levine , Akerman, LLP, West Palm Beach, for appellant.

Donna Greenspan Solomon of Solomon Appeals, Mediation & Arbitration, Fort Lauderdale, and Donald J. Thomas of Lewis & Thomas, LLP, Boca Raton, for appellees JB Investment Realty, LLC, and the Enslers.

The trial court entered an involuntary dismissal in this case after determining that the bank was required to enter into evidence the entire payment history in order to proceed with its mortgage foreclosure action. We find the trial court erred in granting an involuntary dismissal and requiring the entire payment history "from the beginning...

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