LAW.coLAW.co

BARNSDALE HOLDINGS, LLC, Appellant, v. NATIONSTAR MORTGAGE, LLC, Michael Finn, Jr., a/k/a Micheal J. Finn, Jr., a/k/a Micheal J. Finn, The Unknown Spouse of Michael Finn, Jr., a/k/a Micheal J. Finn, Jr., a/k/a Michael J. Finn, any and All Unknown Parties Claiming by, through, under, and Against the herein Named Individual Defendants who are not known to be Dead or Alive, Whether said unknown Parties may Claim an Interest as Spouses, Heirs, Devisees, Grantees, or Other Claimants, Tenant #1, Tenant #2, Tenant #3, and Tenant #4 The Names Being Fictitious to Account for Parties in Possession, Appellees

Florida District Court of Appeal2016-06-29No. No. 4D14-2308
193 So. 3d 1107

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

PER. CURIAM.

The defendant appeals from the circuit court’s final judgment of foreclosure following a non-jury trial. We find merit in only the defendant’s argument that the plaintiff failed to present competent,,substantial evidence to support the award of two account entries in the amounts of $9,203.67 and $18,439.94, each titled “Escrow Advance,” of which the plaintiffs witness lacked knowledge. We therefore reverse only the amount of damages in the final judgment, which the circuit court, as a ministerial matter, shall amend to deduct the two entries’ total of $27,643.61, resulting in an amended final judgment amount of $233,866.74. On all other arguments which the defendant raises, we affirm without discussion.

Affirmed in part, and reversed in part with instructions.

CIKLIN, C. J., WARNER and GERBER, JJ., concur.