OneWest Bank v. Leek-Tannenbaum

Full title: OneWest Bank, N.A., Appellant, v. Gloria Leek-Tannenbaum, etc., Appellee.

Court: Third District Court of Appeal State of Florida

Date published: May 15, 2019

283 So. 3d 366 (Fla. Dist. Ct. App. 2019)

Opinion

No. 3D18-244

05-15-2019

ONEWEST BANK, N.A., Appellant, v. Gloria LEEK-TANNENBAUM, etc., Appellee.

Bradley Arant Boult Cummings LLP, and D. Brian O'Dell (Birmingham, AL), for appellant. Jacobs Legal, PLLC, and Bruce Jacobs, Miami, for appellee.

LOGUE, J.

Bradley Arant Boult Cummings LLP, and D. Brian O'Dell (Birmingham, AL), for appellant.

Jacobs Legal, PLLC, and Bruce Jacobs, Miami, for appellee.

Before EMAS, C.J., and LOGUE and MILLER, JJ.

LOGUE, J.

Applying "our rather unremarkable precedent that, as a matter of law, when the surviving spouse signed the mortgage as a borrower, as revealed by an examination of the mortgage itself, the spouse will be treated as a borrower for purposes of the mortgage," OneWest Bank, FSB v. Palmero, No. 3D14-3114, 283 So.3d 411, 420, 2019 WL 1783727 (Fla. 3d DCA Apr. 24, 2019) (en banc) (citation and quotation omitted), we affirm.

EMAS, C.J., concurs.

MILLER, J., specially concurring.

Although I am constrained by the authority of precedent, neither distinguishable upon legal principle nor material fact, to concur, the concerns expressed in my dissenting opinion in OneWest Bank, FSB v. Palmero, No. 3D14-3114, 283 So.3d 411, ––––, 2019 WL 1783727, at *38 (Fla. 3d DCA April 24, 2019) (Miller, J., dissenting) (discussing the majority's abandonment of long-standing, controlling principles of law) remain.