Opinion
Case No. 2D17-1184
08-10-2018
WELLS FARGO BANK, N.A., Appellant, v. QUEST SYSTEMS, LLC, a New Mexico limited liability company, as successor trustee under the 5107 Erie Road Land Trust, dated October 9, 2012, Appellee.
Kimberly S. Mello and Danielle M. Diaz of Greenberg Traurig, P.A., Tampa; and Michele L. Stocker of Greenberg Traurig, P.A., Fort Lauderdale, for Appellant. Mark P. Stopa of Stopa Law Firm, Tampa, for Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED Appeal from the Circuit Court for Manatee County; Gilbert A. Smith, Jr., Judge. Kimberly S. Mello and Danielle M. Diaz of Greenberg Traurig, P.A., Tampa; and Michele L. Stocker of Greenberg Traurig, P.A., Fort Lauderdale, for Appellant. Mark P. Stopa of Stopa Law Firm, Tampa, for Appellee. VILLANTI, Judge.
Wells Fargo Bank, N.A., appeals the involuntary dismissal of its foreclosure complaint against Quest Systems, LLC. Because Quest specifically denied the allegation in Wells Fargo's complaint that Wells Fargo's mortgage was superior to Quest's interest in the property and because Wells Fargo presented no evidence during its case-in-chief to establish that its mortgage was in fact superior to Quest's interest, we affirm.
Affirmed. KELLY and KHOUZAM, JJ., Concur.