142 So. 3d 983

Darren KLEMENCIC and Niurka Klemencic, Appellants, v. U.S. BANK NATIONAL ASSOCIATION, Appellee.

No. 4D13-3052.

District Court of Appeal of Florida, Fourth District.

July 30, 2014.

Alexis Fields and Kendrick Almaguer of The Ticktin Law Group, P.A., Deerfield Beach, for appellants.

William L. Grimsley of McGlinchey Stafford, Jacksonville, for appellee.

*984CONCESSION OF ERROR

PER CURIAM.

Defendants appeal a final judgment of mortgage foreclosure in favor of U.S. Bank (“appellee”). Appellee concedes that the evidence presented at trial was insufficient to meet its burden of proving standing to enforce the note it introduced. See McLean v. JP Morgan Chase Bank Nat’l Ass’n, 79 So.3d 170, 173 (Fla. 4th DCA 2012) (finding that a “plaintiff must prove that it had standing to foreclose when the complaint was filed.” (citation omitted)). Because appellee failed to prove it had standing to foreclose, we reverse the final judgment and remand for the trial court to enter an involuntary dismissal of the complaint.

Reversed and Remanded with directions.

STEVENSON, FORST and KLINGENSMITH, JJ., concur.

Klemencic v. U.S. Bank National Ass'n
142 So. 3d 983

Case Details

Name
Klemencic v. U.S. Bank National Ass'n
Decision Date
Jul 30, 2014
Citations

142 So. 3d 983

Jurisdiction
Florida

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