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Burdenski v. Branch Banking & Tr. Co.

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Jul 2, 2020
312 So. 3d 515 (Fla. Dist. Ct. App. 2020)

Opinion

Case No. 5D19-20

07-02-2020

Jeffrey J. BURDENSKI, Appellant, v. BRANCH BANKING AND TRUST COMPANY and Milan Homeowners Association, Inc., Appellees.

Beau Bowin, of Bowin Law Group, Indialantic, for Appellant. Shaib Y. Rios and Michael W. Smith, of Brock & Scott, PLLC, Ft. Lauderdale, for Appellees.


Beau Bowin, of Bowin Law Group, Indialantic, for Appellant.

Shaib Y. Rios and Michael W. Smith, of Brock & Scott, PLLC, Ft. Lauderdale, for Appellees.

PER CURIAM.

Jeffrey J. Burdenski, Appellant, appeals a final judgment of foreclosure arguing that the trial court erred when it denied his motion for involuntary dismissal based on our decision in DeLong v. Lakeview Loan Servicing, LLC , 222 So. 3d 662 (Fla. 5th DCA 2017). We find Appellees' attempts to distinguish DeLong unpersuasive. Accordingly, we reverse the final judgment of foreclosure and remand with instructions to enter a final judgment of involuntary dismissal. See id. at 663.

REVERSED and REMANDED with INSTRUCTIONS.

WALLIS, EISNAUGLE, and TRAVER, JJ., concur.


Summaries of

Burdenski v. Branch Banking & Tr. Co.

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Jul 2, 2020
312 So. 3d 515 (Fla. Dist. Ct. App. 2020)
Case details for

Burdenski v. Branch Banking & Tr. Co.

Case Details

Full title:JEFFREY J. BURDENSKI, Appellant, v. BRANCH BANKING AND TRUST COMPANY AND…

Court:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

Date published: Jul 2, 2020

Citations

312 So. 3d 515 (Fla. Dist. Ct. App. 2020)