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Citibank v. Ward

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Apr 3, 2020
292 So. 3d 904 (Fla. Dist. Ct. App. 2020)

Opinion

Case No. 5D19-920

04-03-2020

CITIBANK, N.A., AS TRUSTEE FOR CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2007-QX1, Appellant, v. Maurice WARD, Silvia Ward, Association of Poinciana Villages, Inc. and Poinciana Village One Association, Inc., Appellees.

Nancy M. Wallace, of Akerman LLP, Tallahassee, William P. Heller, of Akerman LLP, Fort Lauderdale, and Eric M. Levine, of Akerman LLP, West Palm Beach, for Appellant. Andrew B. Greenlee, of Andrew B. Greenlee, PA, Sanford, and Anthony N. Legendre, II, of Law Offices of Legendre & Legendre, PLLC, Maitland, for Appellees Maurice Ward and Silvia Ward. No Appearance for Remaining Appellees.


Nancy M. Wallace, of Akerman LLP, Tallahassee, William P. Heller, of Akerman LLP, Fort Lauderdale, and Eric M. Levine, of Akerman LLP, West Palm Beach, for Appellant.

Andrew B. Greenlee, of Andrew B. Greenlee, PA, Sanford, and Anthony N. Legendre, II, of Law Offices of Legendre & Legendre, PLLC, Maitland, for Appellees Maurice Ward and Silvia Ward.

No Appearance for Remaining Appellees.

PER CURIAM. Citibank, N.A., as Trustee for CWABS, Inc. Asset-Backed Certificates, Series 2007-QX1 ("Citibank"), appeals the final order dismissing its mortgage foreclosure complaint. The trial court dismissed the complaint based upon its interpretation of Florida Rule of Civil Procedure 1.115(e) as precluding Citibank’s servicer from verifying its complaint.

In a separate opinion from a different panel of our court, released today, we conclude that rule 1.115(e) cannot constrain or prohibit a claimant-plaintiff from delegating to its servicer-agent the authority to verify its foreclosure complaint. See Wilmington Sav. Fund Soc’y, FSB v. Tacoronte , Case No. 5D19-1326, ––– So.3d ––––, 2020 WL 1645418 (Fla. 5th DCA Apr. 3, 2020). Accordingly, based on that decision, we reverse the final order of dismissal and remand for further proceedings.

REVERSED and REMANDED.

LAMBERT, EDWARDS, and HARRIS, JJ., concur.


Summaries of

Citibank v. Ward

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Apr 3, 2020
292 So. 3d 904 (Fla. Dist. Ct. App. 2020)
Case details for

Citibank v. Ward

Case Details

Full title:CITIBANK, N.A., AS TRUSTEE FOR CWABS, INC. ASSET-BACKED CERTIFICATES…

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

Date published: Apr 3, 2020

Citations

292 So. 3d 904 (Fla. Dist. Ct. App. 2020)

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