text:
    Cheryl L. PAXTON, Appellant, v. Conrad A. MURPHY, Appellee.
    Case No. 2D18-3071
    District Court of Appeal of Florida, Second District.
    Opinion filed March 29, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


source: Caselaw Access Project

license: Public Domain

text:
    Tony HOPPS, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-4027
    District Court of Appeal of Florida, Second District.
    Opinion filed April 17, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Gerald LEIRER, DOC #S42292, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-473
    District Court of Appeal of Florida, Second District.
    Opinion filed April 17, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Richard JONES, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-3834
    District Court of Appeal of Florida, Second District.
    Opinion filed April 17, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Alvin D. CLAYTON, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D19-0208
    District Court of Appeal of Florida, Second District.
    April 09, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    Harry BRANCH, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D19-0837
    District Court of Appeal of Florida, Second District.
    April 9, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    Dale G. MASSAD, Appellant/Petitioner(s), v. STATE of Florida and Chris Nocco, Sheriff of Pasco County, Appellee/Respondent(s).
    CASE NO.: 2D19-1059
    District Court of Appeal of Florida, Second District.
    April 9, 2019
    BY ORDER OF THE COURT:
   Petitioner's petition for writ of habeas corpus is denied.

LaROSE C.J., and CASANUEVA and BADALAMENTI, JJ., Concur.


text:
    Jerry HOLMES, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D18-3997
    District Court of Appeal of Florida, Second District.
    April 09, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Granted.


text:
    Raymond Luis COLON, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D19-1279
    District Court of Appeal of Florida, Second District.
    April 04, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    Timothy STEMEN, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D19-1287
    District Court of Appeal of Florida, Second District.
    April 09, 2019
    BY ORDER OF THE COURT:
   Petitioner's petition for writ of mandamus is denied without prejudice. Petitioner is required to make an express and distinct demand for performance, such as by filing a motion to hear and rule, before mandamus will be considered. See Al-Hakim v. State. 783 So. 2d 293, 294 (Fla. 5th DCA 2001).

Additionally, any future petitions similar to the present petition must demonstrate service on the Attorney General at 3507 E. Frontage Road, Suite 200, Tampa, Florida, 33607.

KELLY, VILLANTI, and BADALAMENTI, JJ., Concur.


text:
    Timothy Justin TACY, Sr., Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D19-0442
    District Court of Appeal of Florida, Second District.
    April 09, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Granted.

Denied.


text:
    Athanasios FININIS, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D18-2995
    District Court of Appeal of Florida, Second District.
    April 09, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Granted.


text:
    A. H., Appellant/Petitioner(s), v. DEPT. OF CHILDREN & FAMILIES, Appellee/Respondent(s).
    CASE NO.: 2D18-3600
    District Court of Appeal of Florida, Second District.
    January 17, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    J.M. and T.B., Appellant/Petitioner(s), v. DEPT. OF CHILDREN & FAMILIES, Appellee/Respondent(s).
    CASE NO.: 2D19-1716
    District Court of Appeal of Florida, Second District.
    May 08, 2019
    BY ORDER OF THE COURT:
   Petitioners' petition for writ of prohibition is denied. Petitioners' "Motion to Supplement Record" is denied.

LaROSE, C.J., and CASANUEVA and ATKINSON, JJ., Concur.


text:
    Lens TOUSSAINT, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D19-0984
    District Court of Appeal of Florida, Second District.
    May 08, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Keith JONES, Appellant/Petitioner(s), v. Chad CHRONISTER, Sheriff of Hillsborough County, Florida, Appellee/Respondent(s).
    CASE NO.: 2D19-1603
    District Court of Appeal of Florida, Second District.
    May 08, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Anthony Scott CHAIRMONT, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D18-3970
    District Court of Appeal of Florida, Second District.
    April 09, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Norman L. SMITH, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D18-2505
    District Court of Appeal of Florida, Second District.
    April 12, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Belated appeal is granted.

Denied.


text:
    Rayon Jefter WILLIAMS, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D19-0824
    District Court of Appeal of Florida, Second District.
    April 12, 2019
    BY ORDER OF THE COURT:
   The petition for belated appeal filed in case number 2D19-0824 is duplicative of the relief sought in case number 2D18-3282. Therefore, case number 2D19-0824 is dismissed.

NORTHCUTT, SALARIO, and ROTHSTEIN-YOUAKIM, JJ.T Concur.


text:
    Jermaine JACKSON, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.:2D19-1094
    District Court of Appeal of Florida, Second District.
    April 09, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Granted.


text:
    Darean L. ROBERTS, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D19-1064
    District Court of Appeal of Florida, Second District.
    April 9, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Denied.


text:
    Todd Lamond MURRAY, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D18-4101
    District Court of Appeal of Florida, Second District.
    April 11, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Thurston Edward REAVES, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.:2D19-0675
    District Court of Appeal of Florida, Second District.
    April 10, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Asaru EL-BEY, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D19-1242
    District Court of Appeal of Florida, Second District.
    April 9, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Johnny Mack CARTER, IV, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NOS.: 2D18-1801 2D19-0763
    District Court of Appeal of Florida, Second District.
    April 04, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Phillip Gabe KORNELL, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
    CASE NO.: 2D18-3702
    District Court of Appeal of Florida, Second District.
    April 11, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Granted.


text:
    Kara Allya O'CONNELL, DOC #T90885, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-1801
    District Court of Appeal of Florida, Second District.
    Opinion filed January 30, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Russell Alan CROSIER, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-869
    District Court of Appeal of Florida, Second District.
    Opinion filed January 30, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Duane E. ARMSTRONG, DOC #541371, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-1544
    District Court of Appeal of Florida, Second District.
    Opinion filed January 30, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Jugal K. TANEJA, Appellant, v. FIRST STREET AND FIFTH AVENUE, LLC a/k/a FSFA, LLC; Downtown St Pete Properties, LLC, a Florida Limited Liability Company; Broadway Bank, an Illinois Banking Company; Fuel Investment & Development II, LLC, a Florida Limited Liability Company; Paragon Mortgage Holdings, LLC, a Florida Limited Liability Company; Abed, INC., a Florida Corporation; Indira Lalwani, Individually; Fuel Group, LLC, a Florida Limited Liability Company; Smith Santiesteban Allen Architects, Inc., a Florida Corporation; Patrick T. Lennon; Macfarlane Ferguson & McMullen, P.A. ; Chandresh Saraiya, Individually; Appellees.
    Case No. 2D17-3451
    District Court of Appeal of Florida, Second District.
    Opinion filed January 30, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Jugal K. TANEJA, Appellant, v. FIRST STREET AND FIFTH AVENUE, LLC a/k/a FSFA, LLC; Downtown St Pete Properties, LLC, a Florida Limited Liability Company; Broadway Bank, an Illinois Banking Company; Fuel Investment & Development II, LLC, a Florida Limited Liability Company; Paragon Mortgage Holdings, LLC, a Florida Limited Liability Company; Abed, Inc., a Florida Corporation; Indira Lalwani, Individually; Fuel Group, LLC, a Florida Limited Liability Company; Smith Santiesteban Allen Architects, Inc., a Florida Corporation; Patrick T. Lennon; MacFarlane Ferguson & McMullen, P.A. ; Chandresh Saraiya, Individually; Appellees.
    Case No. 2D18-236
    District Court of Appeal of Florida, Second District.
    Opinion filed January 30, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Alvin D. CLAYTON, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-4901
    District Court of Appeal of Florida, Second District.
    Opinion filed January 30, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Stacey Latrell WIGGINS, DOC #109829, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-1794
    District Court of Appeal of Florida, Second District.
    Opinion filed February 6, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Devion CHAPEL, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-1795
    District Court of Appeal of Florida, Second District.
    Opinion filed February 1, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Bennett C. WILLIAMS, a/k/a Bennett Cecil Williams, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-5147
    District Court of Appeal of Florida, Second District.
    Opinion filed February 1, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    NATIONAL PROPERTIES TRUST, INC., Petitioner, v. GC FINANCING GROUP, LLC, Respondent.
    Case No. 2D18-2587
    District Court of Appeal of Florida, Second District.
    Opinion filed January 30, 2019.
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Oscar Crespo RODRIGUEZ, DOC #Y60616, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-4638
    District Court of Appeal of Florida, Second District.
    Opinion filed February 13, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Raymond D. IZQUIERDO, DOC #K62414, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-557 2D18-1207 CONSOLIDATED
    District Court of Appeal of Florida, Second District.
    Opinion filed February 8, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Jennifer Marie RACE, DOC #T97232 Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-1556
    District Court of Appeal of Florida, Second District.
    Opinion filed February 8, 2019.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Joey RICHARDSON, Appellant, v. CITIBANK, N.A., Not in Its Individual Capacity, But Solely as Trustee for NRZ Pass-Through Trust VI ; Adrian Johnson a/k/a Adrian S. Johnson; UV Assets, LLC; Regions Bank SBM with AmSouth Bank; Concord Station Community Association, Inc. ; Unknown Tenant #1; Unknown Tenant #2, Appellees.
    Case No. 2D18-2238
    District Court of Appeal of Florida, Second District.
    Opinion filed February 8, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Alexis A. RIVERA-NUÑEZ a/k/a Alexis A. Nuñez, DOC #T70839, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-3069
    District Court of Appeal of Florida, Second District.
    Opinion filed February 20, 2019.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Martha MAXEY a/k/a Martha Peterson-Maxey; Appellants, v. WILMINGTON SAVINGS FUND SOCIETY, FSB, d/b/a Christiana Trust, Not Individually but as Trustee for Pretium Mortgage Acquisition Trust, as Assignee of Wells Fargo Bank, N.A.; Daryl Maxey a/k/a Daryl Aaron Maxey; Clerk of Court of Pinellas County, Florida; and Any and All Unknown Parties Claiming by Through, Under, or Against the Herein Named Individual Defendant(s) 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, Appellees.
    Case No. 2D18-1930
    District Court of Appeal of Florida, Second District.
    Opinion filed February 20, 2019.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Paul A. WHITE, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-1416
    District Court of Appeal of Florida, Second District.
    Opinion filed February 15, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    CHARTER COMMUNICATIONS, LLC d/b/a Spectrum, Appellant, v. Joseph NEWMAN, Appellee.
    Case No. 2D18-4065
    District Court of Appeal of Florida, Second District.
    Opinion filed February 15, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Diandrew CLARKSON, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-1582
    District Court of Appeal of Florida, Second District.
    Opinion filed February 22, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Peter LEYVA, Appellant, v. HIDDEN ACRES ESTATES, INC. BOARD OF DIRECTORS Brenda Warren; Richard Gerhart; Robert Lawrence Gregory Blankinship; James Rowland; Barbara Godfrey Samuel Scales; and Patricia Gerhart, Appellees.
    Case No. 2D18-2467
    District Court of Appeal of Florida, Second District.
    Opinion filed February 22, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Michelle POSTASKI, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-763
    District Court of Appeal of Florida, Second District.
    Opinion filed January 2, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Dave MEYERS, Appellant, v. 21ST MORTGAGE CORPORATION as Master Servicer FOR CHRISTIANA TRUST, a Division of Wilimington Savings Fund Society, FSB, as Trustee for Knoxville 2012 Trust, Appellee.
    Case No. 2D17-3151
    District Court of Appeal of Florida, Second District.
    Opinion filed February 27, 2019.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Terrence NERO a/k/a Terrence P. Nero a/k/a Terence Nero a/k/a Terence P. Nero a/k/a Terance Nero a/k/a Terry Nero, Appellant, v. Jennifer E. MCCLEAN and All Unknown Tenants in Possession of 3212 W. Marlin Avenue, Tampa, Florida, 33611, Appellee.
    Case No. 2D17-722
    District Court of Appeal of Florida, Second District.
    Opinion filed February 27, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    David C. WILEY, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-1589
    District Court of Appeal of Florida, Second District.
    Opinion filed February 27, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Timmy Roel BEWRY, DOC #L32106, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-4537
    District Court of Appeal of Florida, Second District.
    Opinion filed February 27, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Oscar Lee RAY, DOC #070511, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-2389
    District Court of Appeal of Florida, Second District.
    Opinion filed March 1, 2019.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Blake Clinton TALMAN, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-3110
    District Court of Appeal of Florida, Second District.
    Opinion filed March 1, 2019.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Ronald Tracy PAYNE, DOC #949528, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-1648
    District Court of Appeal of Florida, Second District.
    Opinion filed March 1, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Arthur L. BERUBE, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-674
    District Court of Appeal of Florida, Second District.
    Opinion filed February 27, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Lamar WARD, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-1263
    District Court of Appeal of Florida, Second District.
    Opinion filed March 13, 2019.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Andre MILES, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D16-2929
    District Court of Appeal of Florida, Second District.
    Opinion filed March 8, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Kaz Mikol-Charls CATALANO, DOC #C11636, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D17-1845
    District Court of Appeal of Florida, Second District.
    Opinion filed March 6, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Daniel G. DURAIN, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-1654
    District Court of Appeal of Florida, Second District.
    Opinion filed March 6, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Alejandro BAEZ-GARCIA, DOC #H41234, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-1355
    District Court of Appeal of Florida, Second District.
    Opinion filed March 13, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Vital ANICETTE, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-1774
    District Court of Appeal of Florida, Second District.
    Opinion filed March 13, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Alaric M. EMANUEL, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-572
    District Court of Appeal of Florida, Second District.
    Opinion filed March 13, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Waymon SPRADLEY, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-1793
    District Court of Appeal of Florida, Second District.
    Opinion filed March 13, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Charles HAMILTON, DOC #T05950, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-2083
    District Court of Appeal of Florida, Second District.
    Opinion filed March 13, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Eber ROBLERO, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-2300
    District Court of Appeal of Florida, Second District.
    Opinion filed March 13, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    GATOR BORING & TRENCHING, INC., Appellant, v. WESTRA CONSTRUCTION CORPORATION, a Florida corporation; Travelers Casualty and Surety Company of America, a Connecticut company; and Tampa Electric Company, Appellees.
    Case No. 2D17-902
    District Court of Appeal of Florida, Second District.
    Opinion filed March 13, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Richard PIERSON, DOC #915279, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-1151
    District Court of Appeal of Florida, Second District.
    Opinion filed March 13, 2019.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    WESTRA CONSTRUCTION CORPORATION, a Florida corporation; Travelers Casualty and Surety Company of America, a Connecticut company, Appellants/Cross-Appellees, v. GATOR BORING & TRENCHING, INC., and Tampa Electric Company, Appellees/Cross-Appellants.
    Case No. 2D17-1822
    District Court of Appeal of Florida, Second District.
    Opinion filed March 13, 2019.
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Eugene Edward ULRATH, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-1336
    District Court of Appeal of Florida, Second District.
    Opinion filed March 13, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Christopher WILLIAMS, DOC #248923, Appellant, v. STATE of Florida, Appellee.
    Case No. 2D18-1204
    District Court of Appeal of Florida, Second District.
    Opinion filed March 13, 2019
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Victor BOYD, Appellant, v. STATE of Florida, Appellee.
    No. 4D18-3100
    District Court of Appeal of Florida, Fourth District.
    [December 27, 2018]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Darren BEN-ARI and Jessica Ben-Ari, Appellants, v. The BANK OF NEW YORK MELLON, as Trustee (CWALT 2006-24CB), Appellee.
    No. 4D18-1504
    District Court of Appeal of Florida, Fourth District.
    [April 11, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    GIBRALTOR REALTY HOLDINGS, LLC, Trustee of the BFA Florida Land Trust #28 Dated January 1, 2017, Appellant, v. WACHOVIA MORTGAGE FSB; Dennis Castigione; and Chapel Trail Owners Association, Inc., et al., Appellees.
    No. 4D18-1831
    District Court of Appeal of Florida, Fourth District.
    [April 11, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Maria GUEVARA, Appellant, v. WINN-DIXIE STORES, INC., Appellee.
    No. 4D18-936
    District Court of Appeal of Florida, Fourth District.
    [April 4, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    STATE of Florida, Appellant, v. Waldron Jamine BROWN, Appellee.
    No. 4D18-2384
    District Court of Appeal of Florida, Fourth District.
    [April 11, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Darrius JOHNSON, Appellant, v. STATE of Florida, Appellee.
    No. 4D17-2768
    District Court of Appeal of Florida, Fourth District.
    [April 11, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Ozell L. DESSETT, Appellant, v. STATE of Florida, Appellee.
    No. 4D17-3826
    District Court of Appeal of Florida, Fourth District.
    [April 11, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Maurice L. LATHAM, Appellant, v. STATE of Florida, Appellee.
    No. 4D17-3911
    District Court of Appeal of Florida, Fourth District.
    [April 11, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    GIGI STETLER, Appellant, v. SUNTRUST BANK, Appellee.
    No. 4D18-1076
    District Court of Appeal of Florida, Fourth District.
    [April 11, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Delvin Jvon BELLAMY, Appellant, v. STATE of Florida, Appellee.
    No. 4D18-1963
    District Court of Appeal of Florida, Fourth District.
    [April 11, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Samuel Deon ARNOLD, Jr., Appellant, v. STATE of Florida, Appellee.
    No. 4D18-2053
    District Court of Appeal of Florida, Fourth District.
    [April 11, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Benito CHARLES, Appellant, v. STATE of Florida, Appellee.
    No. 4D19-79
    District Court of Appeal of Florida, Fourth District.
    [April 11, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Isac Q. BROWN, Appellant, v. STATE of Florida, Appellee.
    No. 4D19-283
    District Court of Appeal of Florida, Fourth District.
    [April 11, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Robert L. WILLIAMSON, Appellant, v. STATE of Florida, Appellee.
    No. 4D19-345
    District Court of Appeal of Florida, Fourth District.
    [April 11, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Dale CULVER, Appellant, v. WELLS FARGO BANK, N.A., Appellee.
    No. 4D17-3947
    District Court of Appeal of Florida, Fourth District.
    [April 11, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Aron ARIAS, Appellant, v. STATE of Florida, Appellee.
    No. 4D18-1058
    District Court of Appeal of Florida, Fourth District.
    [April 11, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    David N. ZADEN and Sylvia F. Zaden, Appellants, v. HMC ASSETS, LLC, Solely in its Capacity as Separate Trustee of Community Development Fund II Trust, Appellee.
    No. 4D18-1582
    District Court of Appeal of Florida, Fourth District.
    [April 18, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    PRIV-ENERGY GROUP, LLC, Appellant, v. David SIEGEL, Appellee.
    No. 4D18-3610
    District Court of Appeal of Florida, Fourth District.
    [April 18, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Ryan MAXWELL, Appellant, v. John EDWARDS and Brindley Kuiper, et al., Appellees.
    No. 4D18-1680
    District Court of Appeal of Florida, Fourth District.
    [April 18, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Mary J. RODRIGUEZ and Oscar Rodriguez, Appellants, v. Miguel PEREZ, M.D., Westchester General Hospital, Inc., d/b/a Southern Winds Hospital, the Wave Condominium Association, Inc., Atlantic & Pacific Association Management, Inc., Lourdes Diaz, and New Age Adultcare, Inc., Appellees.
    Nos. 4D18-609 & 4D18-1547
    District Court of Appeal of Florida, Fourth District.
    [April 18, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    SDC INVESTMENT PROPERTIES, LLC, Spazio Di Casa, LLC, Spazio Di Casa, Inc., and Italian Mobility, LLC, Appellants, v. LLOYD'S UNDERWRITERS AT LONDON a/k/a Certain Underwriters At Lloyds Insurance Group, Inc., Coastal Insurance Group, Inc., and MARIA L. MARTINEZ, Appellees.
    No. 4D18-1193
    District Court of Appeal of Florida, Fourth District.
    [April 18, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    TRIBECA AESTHETIC MEDICAL SOLUTIONS, LLC, Appellant, v. EDGE PILATES CORPORATION, a Florida corporation and Bayou Meto, Inc., a Florida corporation, Appellees.
    No. 4D18-1452
    District Court of Appeal of Florida, Fourth District.
    [April 18, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Herbert Lee BUTLER, Appellant, v. Officer Christian CASANOVA and Hallandale Beach Police Department, Appellees.
    No. 4D18-1876
    District Court of Appeal of Florida, Fourth District.
    [April 18, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Megan H. CAMPBELL, Appellant, v. Ryan T. CAMPBELL, Appellee.
    No. 4D18-2369
    District Court of Appeal of Florida, Fourth District.
    [April 18, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Paul I. EBANKS, Appellant, v. STATE of Florida, Appellee.
    No. 4D18-3464
    District Court of Appeal of Florida, Fourth District.
    [January 31, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Audrako D. MILLER, Appellant, v. STATE of Florida, Appellee.
    No. 4D17-3116
    District Court of Appeal of Florida, Fourth District.
    [January 31, 2019]
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Jason RODGERS, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D19-360
    District Court of Appeal of Florida, Fifth District.
    Decision filed April 16, 2019
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    James A. HAWKINS, Jr., Appellant, v. STATE of Florida, Appellee.
    Case No. 5D18-3599
    District Court of Appeal of Florida, Fifth District.
    Decision filed April 16, 2019
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Christopher COLLIER, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D18-3508
    District Court of Appeal of Florida, Fifth District.
    Decision filed April 16, 2019
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Ramesh PATHAK and Maria Jimenez, Appellants, v. JPMORGAN CHASE BANK, NA, Appellee.
    Case No. 5D17-3837
    District Court of Appeal of Florida, Fifth District.
    Decision filed April 9, 2019
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Kelly WRIGHT, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D18-3188
    District Court of Appeal of Florida, Fifth District.
    Decision filed April 16, 2019
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Marco DEJESUS, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D18-1965
    District Court of Appeal of Florida, Fifth District.
    Decision filed April 16, 2019
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Favian RIVERA, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D17-1262
    District Court of Appeal of Florida, Fifth District.
    Decision filed April 16, 2019
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Latori LEWIS, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D19-151
    District Court of Appeal of Florida, Fifth District.
    Decision filed April 16, 2019
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    SING KEUNG CHEUNG, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D18-3947
    District Court of Appeal of Florida, Fifth District.
    Decision filed April 16, 2019
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Rodrick JORDAN, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D18-3851
    District Court of Appeal of Florida, Fifth District.
    Decision filed April 16, 2019
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Randall Jay MASHBURN, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D18-3845
    District Court of Appeal of Florida, Fifth District.
    Decision filed April 16, 2019
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Christopher COLLIER, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D18-3076
    District Court of Appeal of Florida, Fifth District.
    Decision filed April 16, 2019
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    M.D., Father of H.W., a Child, Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.
    Case No. 5D18-3595
    District Court of Appeal of Florida, Fifth District.
    Decision filed April 22, 2019
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Steven SHAREK, Appellant, v. STATE of Florida, Appellee.
    Case No. 5D18-2204
    District Court of Appeal of Florida, Fifth District.
    Decision filed April 16, 2019
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    STATE of Florida, Appellant, v. Carlos REED, Appellee.
    Case No. 5D18-841
    District Court of Appeal of Florida, Fifth District.
    Decision filed April 16, 2019
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Luc TERMITUS, Jr., Appellant, v. STATE of Florida, Appellee.
    Case No. 5D19-581
    District Court of Appeal of Florida, Fifth District.
    Decision filed April 16, 2019
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Xonia BOOK, Appellant, v. Melissa MERKLINGER and Walt Disney Parks and Resorts USA, Inc., Appellees.
    Case No. 5D18-864
    District Court of Appeal of Florida, Fifth District.
    Decision filed April 23, 2019
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    PHILIP MORRIS, USA, INC. and R.J. Reynolds Tobacco Company, Appellants/Cross-Appellees, v. FONTAINE WALLACE, as Personal Representative of the Estate of Robert E. Wallace, Appellee/Cross-Appellant.
    Case No. 5D18-526
    District Court of Appeal of Florida, Fifth District.
    Decision filed April 23, 2019
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


text:
    Terry Herzog GRIFFITH, Appellant, v. Steven L. GRIFFITH, Appellee.
    Case No. 5D18-147
    District Court of Appeal of Florida, Fifth District.
    Decision filed April 23, 2019
    DECISION WITHOUT PUBLISHED OPINION
   AFFIRMED.


author: Gross, J.

text:
    Frank WATERS, Appellant, v. WILMINGTON TRUST, NATIONAL ASSOCIATION, not in its individual capacity but as Trustee FOR ARLP SECURITIZATION TRUST SERIES 2015-1, as party plaintiff for U.S. Bank National Association, as trustee for the benefit of the Holders of SerVertis Fund I Trust 2008-1 Certificates, Series 2008-1 acting by and through Green Tree Servicing LLC, in its capacity as Servicer, Appellee.
    No. 4D17-2300
    District Court of Appeal of Florida, Fourth District.
    [June 13, 2018]
    Brittani S. Gross and Kendrick Almaguer of The Ticktin Law Group, PLLC, Deerfield Beach, for appellant.
    Roy A. Diaz of SHD Legal Group, P.A., Fort Lauderdale, for appellee.
   Gross, J.

The issue in this case is whether Wilmington Trust, the substituted plaintiff, established that the original plaintiff had standing to bring this foreclosure action. Because there was insufficient evidence of the original plaintiff's standing, we reverse the final judgment of foreclosure.

As evidence of its standing, the original plaintiff attached copies of the note, the mortgage, and an assignment of the mortgage to the complaint. The note attached to the complaint was not made payable to the plaintiff, and it contained no indorsements. The assignment unequivocally assigned only the mortgage-the note was not mentioned. More than a year later, the plaintiff filed the original note. Unlike the note attached to the complaint, the original note was indorsed in blank.

Wilmington Trust was substituted for the original plaintiff. The only witness to testify at the non-jury trial was an employee of the servicer. The witness acknowledged the indorsement on the note, but was not asked when the indorsement was placed or when the original plaintiff came into possession of the note. The witness was not asked when the loan was transferred to the original plaintiff, and testified that he assumed the assignment of the mortgage was also an assignment of the note. In the end, when asked if there were any documents in evidence establishing that the original plaintiff ever held the note, the witness said, "not before me."

"[A] plaintiff in a foreclosure action must establish its standing both at the time the complaint was filed and when judgment is entered." Spicer v. Ocwen Loan Servicing, LLC , 238 So.3d 275, 278-79 (Fla. 4th DCA 2018). A substituted plaintiff is required to establish that the original plaintiff had standing when it filed the original complaint. Luiz v. Lynx Asset Servs., LLC , 198 So.3d 1102, 1105 (Fla. 4th DCA 2016).

Here, Wilmington Trust failed to establish the original plaintiff had standing as either a holder or a nonholder in possession because there was no proof the original plaintiff had possession of the note when the action was commenced. Because the original note was not the same as the note attached to the complaint, the fact that the original plaintiff eventually filed the original note was not proof of its standing or possession of the original note at the time suit was commenced. See Friedle v. Bank of New York Mellon , 226 So.3d 976, 978-79 (Fla. 4th DCA 2017).

Because Wilmington Trust failed to prove the original plaintiff's standing when suit was filed, the trial court erred in entering the final judgment of foreclosure. We reverse and remand for vacation of the final judgment and entry of an involuntary dismissal of the complaint.

Gerber, C.J., and Conner, J., concur.


author: May, J.

text:
    Michelle A. SAYLES, Appellant, v. NATIONSTAR MORTGAGE, LLC, Appellee.
    No. 4D17-1324
    District Court of Appeal of Florida, Fourth District.
    [December 5, 2018]
    Rachel M. Coe of Polaris Legal Group, Pompano Beach, for appellant.
    Nancy M. Wallace of Akerman LLP, Tallahassee, Eric M. Levine of Akerman LLP, West Palm Beach, William P. Heller of Akerman LLP, Fort Lauderdale, and Celia C. Falzone of Akerman LLP, Jacksonville, for appellee.
   May, J.

The borrower appeals a final judgment of foreclosure. She argues the trial court erred in taking judicial notice of bankruptcy pleadings, striking her affirmative defenses, and in prohibiting her from defending the foreclosure action. We disagree and affirm.

The borrower executed a note and mortgage with America's Wholesale Lender ("AWL") in 2005. In 2009, BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP ("BAC") filed a complaint in its own name seeking to foreclose the mortgage. Attached to the original complaint was an unindorsed note and mortgage without any assignments. The borrower filed her answer and sixteen affirmative defenses, chiefly that BAC was not the owner of the note, was not the holder of the note, and lacked standing to foreclose.

In 2013, the borrower filed a suggestion of bankruptcy. In December of 2013, the bankruptcy court discharged her personal liability for the mortgage loan, pursuant to her intention to surrender the property to the bank, and the foreclosure continued.

Through a substitution of parties, Nationstar Mortgage LLC became the plaintiff bank. The borrower filed an amended answer, continuing to challenge standing at inception, the right to foreclose, and the lack of notice of any assignment of note or mortgage.

Nationstar filed an amended complaint, attaching a new copy of the note bearing a blank indorsement. The borrower answered, and raised 37 affirmative defenses, primarily challenging standing at inception and lack of standing to foreclose.

Nationstar moved to strike the defendant's affirmative defenses. In addition to copies of the note and mortgage, it attached bankruptcy documents, highlighting the borrower's intention to surrender the property to the bank. The trial court initially deferred ruling on the motion. Nationstar replied to the answer, and argued that the borrower's surrender of the property in the bankruptcy proceedings judicially estopped her from defending the foreclosure action. It then filed a renewed motion to strike the borrower's affirmative defenses. The trial court denied Nationstar's motion without prejudice.

After the borrower's counterclaims were dismissed with prejudice, Nationstar moved to compel property surrender and for costs, again claiming the borrower was judicially estopped from contesting the foreclosure because she had surrendered the property to Nationstar in the bankruptcy proceeding. Nationstar requested judicial notice of all filings listed on borrower's bankruptcy docket.

A successor judge ultimately granted the motion to compel property surrender, stating that "[b]ecause 'surrender' means 'giving up of a right or claim,' debtors who surrender their property can no longer contest a foreclosure action." (quoting In re Failla , 838 F.3d 1170, 1177 (11th Cir. 2016) ). The court also struck the borrower's affirmative defenses and precluded the borrower from interfering with the foreclosure action.

At trial, Nationstar admitted: 1) an original, blank-indorsed note; 2) a certified copy of the mortgage; 3) a certified copy of a mortgage assignment from AWL to BAC; 4) a notice of intent to foreclose; and 5) payment records. The borrower did not attend the trial. The court entered a final judgment of foreclosure, from which the borrower now appeals.

The borrower first argues the trial court erred in taking judicial notice of the unauthenticated bankruptcy documents because they contained inadmissible hearsay. She also argues the court erred in relying on opposing counsel's unsworn statements in determining the property was surrendered in bankruptcy. Nationstar responds that the borrower did not properly object to Nationstar's request for judicial notice; and even if she had, the court may take judicial notice of the records of any court of this state or any court of record of the United States.

We review a trial court's decision to grant a request for judicial notice for an abuse of discretion. Schwab v. State , 969 So.2d 318, 322 (Fla. 2007).

Section 90.202, Fla. Stat. (2017) provides: "[a] court may take judicial notice of ... (6) Records of any court of this state or of any court of record of the United States or of any state, territory, or jurisdiction of the United States." This statute permits judicial notice of bankruptcy records. Black Point Assets, Inc. v. Fed. Nat'l Mortg. Ass'n , 220 So.3d 566, 569 (Fla. 5th DCA 2017).

But, the Supreme Court of Florida has instructed that "documents contained in a court file, even if that entire court file is judicially noticed, are still subject to the same rules of evidence to which all evidence must adhere."

Stoll v. State , 762 So.2d 870, 877 (Fla. 2000). " '[T]he practice of taking judicial notice of adjudicative facts should be exercised with great caution' because 'the taking of evidence, subject to established safeguards, is the best way to resolve disputes concerning adjudicative facts.' " DiGiovanni v. Deutsche Bank Nat'l Tr. Co. , 226 So.3d 984, 989 (Fla. 2d DCA 2017), reh'g denied (May 16, 2017) (citations omitted).

The borrower argues that it was an abuse of discretion for the trial court to take judicial notice of the bankruptcy proceeding due to the "unverified nature of the bankruptcy papers." Nationstar responds that the borrower failed to properly preserve her objection because there was no written response or hearing transcript. Applegate v. Barnett Bank of Tallahassee , 377 So.2d 1150, 1152 (Fla. 1979).

The borrower ultimately filed the hearing transcript, but the transcript did not cure the problem because the borrower did not object to Nationstar's request for judicial notice at the hearing. Thus, the issue was unpreserved.

The borrower next argues the trial court erred in granting Nationstar's motion to compel property surrender, which effectively struck her affirmative defenses, preventing her from challenging standing. Nationstar responds the court correctly granted its motion to compel property surrender based on judicial estoppel.

The Eleventh Circuit in In re Failla held, "[d]ebtors who surrender property must get out of the creditor's way." Failla , 838 F.3d at 1177. This landmark decision held that a surrender of property in bankruptcy precludes the borrower from contesting the foreclosure of that property. Id. at 1173.

The borrower argues the trial court erred in relying on Failla . Instead, she suggests the court should have relied on subsequent cases that have attempted to narrow Failla's application. See, e.g. , In re Thomas , 2017 WL 3309719, at *2 (Bankr. S.D. Fla. Feb. 10, 2017) ; Fischer v. HSBC Bank USA, N.A. , 257 So.3d 512, 2018 WL 3320860 at *2 (Fla. 2d DCA July 6, 2018).

Florida District Courts of Appeal have reached different conclusions on how to treat a surrender of property. For example, in Rivera v. Bank of America, N.A. , 190 So.3d 267, 267 (Fla. 5th DCA 2016), the Fifth District dismissed the borrower's appeal of a foreclosure judgment after the borrower surrendered the property in bankruptcy. "[The borrower's] actions and the orders of the bankruptcy court have fully resolved this matter." Id .

The First District similarly dismissed an appeal after the borrower surrendered any and all of their interests in the property. Clay County Land Tr. v. HSBC Bank USA, N.A. , 219 So.3d 1015, 1016 (Fla. 1st DCA 2017). "[T]he stipulation rendered this appeal moot and [the borrower] is judicially estopped from now proceeding with its challenge to the foreclosure judgment." Id.

The Second District Court of Appeal however reached a different conclusion in Fischer . Fischer , 257 So.3d at 514-15, 2018 WL 3320860 at *2. There, the Second District stated that "regardless of whether judicial notice was proper, the bankruptcy documents that HSBC presented failed to show that [the borrower] actually surrendered the ... property in his chapter 13 bankruptcy." Id . The court held that "the trial court erred in applying the doctrine of judicial estoppel to prevent [the borrower] from presenting a defense of lack of standing." Id.

Unlike Fischer , however, there is no uncertainty of the property's surrender in this case. Here, the borrower consistently identified Nationstar as the party to whom she intended to surrender the property in the bankruptcy proceeding. She is judicially estopped from contesting standing in the state foreclosure action.

Lastly, the borrower argues the final judgment of foreclosure should be reversed because she was improperly prevented from participating in the foreclosure and pursuing her standing defense. Nationstar responds that even if the trial court should not have struck the borrower's affirmative defenses based on the surrender, she cannot show reversible error because she failed to attend the trial. This is especially true in light of Nationstar's unopposed prima facie case. See Black Point Assets, Inc. , 220 So.3d at 568-69. We agree.

Here, the trial court correctly took judicial notice of the bankruptcy pleadings, struck the borrower's affirmative defenses, and estopped her from defending the foreclosure action. The bank proved its case, and the trial court correctly entered the foreclosure judgment.

For the foregoing reasons, we affirm.

Affirmed.

Levine and Klingensmith, JJ., concur.

      A judicial estoppel claim is subject to a mixed standard of review: " '[t]o the extent the trial court's order is based on factual findings, [the appellate court] will not reverse unless the trial court abused its discretion; however, any legal conclusions are subject to de novo review.' " Anfriany v. Deutsche Bank Nat'l Tr. Co. , 232 So.3d 425, 427 (Fla. 4th DCA 2017) (citations omitted).

      Other courts have more narrowly construed Failla . In In Re Thomas , the court held that "Failla does not require a debtor to surrender his or her property to just any creditor, but to the creditor or creditors with standing to pursue rights in the subject property" and "does not require a surrendering debtor to concede the issue of standing to any party who may pursue the debtor in state court." In re Thomas , 2017 WL 3309719 at *2. In In re Ayala , the court stated that "[i]n the end, common sense must dictate Failla 's application to the particular facts of different cases" because "Failla should not be viewed as carte blanche for post-bankruptcy lender misconduct." In re Ayala , 568 B.R. 870, 873-74 (Bankr. M.D. Fla. 2017).


text:
    Elizabeth MARSH, as Personal Representative of the Estate of Minnie Ford and Minnie Ford, Appellants, v. R.J. REYNOLDS TOBACCO CO., Appellee.
    No. 4D17-1751
    District Court of Appeal of Florida, Fourth District.
    [December 5, 2018]
    John S. Mills and Courtney Brewer of The Mills Firm, P.A., Tallahassee, for appellants.
    Jeffrey A. Cohen and Benjamine Reid of Carlton Fields Jorden Burt, P.A., Miami, for appellee.
   May, J.

The plaintiff appeals a final judgment in her favor in tobacco litigation. She argues the trial court erred in reducing her compensatory damages award based on a finding of comparative negligence. The defendant admits that a compensatory damage award is no longer subject to a comparative negligence reduction when the jury finds for the plaintiff on intentional tort claims. But, the defendant cross appeals and argues the reduction was still proper because the trial court erred in denying its motion for directed verdict on the intentional tort claims. We agree with the plaintiff and reverse and remand the case to the trial court on the direct appeal.

The defendant also argues that the strict liability and negligence claims are preempted by federal law, and the application of the Engle findings constitutes a due process violation. We find no merit in these issues and affirm.

When the trial court entered the final judgment, the issue of comparative fault was governed by our decision in R.J. Reynolds Tobacco Co. v. Schoeff , 178 So.3d 487 (Fla. 4th DCA 2015). Subsequently, the Supreme Court of Florida reversed our decision and announced that "when a jury finds for an Engle progeny plaintiff on intentional tort claims, the plaintiff's award may not be reduced by comparative fault." Schoeff v. R.J. Reynolds Tobacco Co., 232 So.3d 294, 305 (Fla. 2017).

Here, the jury found for the plaintiff on her fraudulent concealment and conspiracy claims, intentional tort claims. Under the supreme court's Schoeff decision, the plaintiff's compensatory damage award is not subject to a reduction for comparative negligence. Id. We therefore reverse and remand the case to the trial court for reinstatement of the jury's verdict. We find no merit in the issues raised in the defendant's cross appeal and affirm.

Reversed and remanded for reinstatement of the jury's verdict.

Forst, J., and Hilal, Jennifer, Associate Judge, concur.

      Engle v. Liggett Group, Inc. , 945 So.2d 1246 (Fla. 2006).


author: Per Curiam.

text:
    Charles Thomas GRIFFIN, Appellant, v. STATE of Florida, Appellee.
    No. 4D17-3427
    District Court of Appeal of Florida, Fourth District.
    [December 19, 2018]
    Charles Thomas Griffin, Bonifay, pro se.
    Pamela Jo Bondi, Attorney General, Tallahassee, and Mitchell A. Egber, Assistant Attorney General, West Palm Beach, for appellee.
   Per Curiam.

Appellant Charles Griffin appeals his probation revocation and resulting sentence, raising twelve issues. We affirm the revocation and sentence and remand only for the entry of a written order specifying which conditions of the probation agreement were violated. As the State properly concedes, although the trial court orally pronounced the violations of probation, the record lacks a written order. See Robinson v. State , 74 So.3d 570, 572 (Fla. 4th DCA 2011) ("Even though the record is clear, a formal, written order specifying each condition of probation violated must be entered in this case. Therefore, we remand for entry of an order in conformity with this opinion.").

Affirmed and remanded with directions.

Warner, May and Forst, JJ., concur.