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.