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Figueredo v. Bank Espirito Santo

District Court of Appeal of Florida, Third District
Jan 31, 1989
537 So. 2d 1113 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-1808.

January 31, 1989.

Appeal from the Circuit Court, Dade County, Mario Goderich, J.

Hickey Jones and Gary Jones, Miami, for appellants.

Wallace, Engels, Pertnoy, Martin Solowsky and Marianne A. Vos, Miami, for appellee.

Before NESBITT, FERGUSON and LEVY, JJ.


The plaintiff failed to produce for admission into evidence the original copy of a negotiable promissory instrument as is expressly required by section 90.953(1), Florida Statutes (1987). For this reason, the final judgment of foreclosure is vacated with directions for the trial court to receive the original promissory note in evidence, after which it will be authorized to reconfirm the final judgment of foreclosure and all subject proceedings which occurred thereto.

The remaining points advanced by the appellant are without merit.

The final judgment is vacated and remanded with directions.


Summaries of

Figueredo v. Bank Espirito Santo

District Court of Appeal of Florida, Third District
Jan 31, 1989
537 So. 2d 1113 (Fla. Dist. Ct. App. 1989)
Case details for

Figueredo v. Bank Espirito Santo

Case Details

Full title:ROBERT O. FIGUEREDO AND CHRISTAL L. FIGUEREDO, APPELLANTS, v. BANK…

Court:District Court of Appeal of Florida, Third District

Date published: Jan 31, 1989

Citations

537 So. 2d 1113 (Fla. Dist. Ct. App. 1989)

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