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GREEN TREE SERVICING, LLC v. SIMMS

Case No. 5D17-725.

274 So.3d 1187 (2019)

GREEN TREE SERVICING, LLC, Appellant, v. Jill-Capri SIMMS, Mortgage Electronic Registration Systems, Inc., as Nominee for Countrywide Bank, Florida Housing Finance Corporation and Eden Isle Homeowners' Association, Inc., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied June 27, 2019.

Attorney(s) appearing for the Case

Ronald M. Gache and Ileen J. Cantor , of Shapiro, Fishman & Gache, LLP, Boca Raton, and Melissa A. Giasi , of Kass Shuler, P.A., Tampa, for Appellant.

Debi V. Rumph , of The Law Offices of Debi V. Rumph, Orlando, for Appellee, Jill-Capri Simms.

No Appearance for Other Appellees.

Green Tree Servicing, LLC ("Green Tree") appeals the trial court's involuntary dismissal of the mortgage foreclosure action it brought against the borrower, Jill-Capri Simms. At the close of Green Tree's case-in-chief, the court granted Simms's motion to dismiss, finding that Green Tree had misapplied a pre-suit $9203.47 payment allegedly...

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