In Knowles v. Bank of New York Mellon, No. 4D15-630 (Fla. 4th DCA March 30, 2016), the Fourth District Court of Appeal reversed the trial court’s final judgment of foreclosure in favor of the appellee bank. The bank had conceded error based on case law issued after trial; specifically, Jelic v. LaSalle Bank, Nat’l Ass’n, 160 So. 3d 127, 130 (Fla. 4th DCA 2015), and Balch v. LaSalle Bank N.A., 171 So. 3d 207, 209 (Fla. 4th DCA 2015).
In both Jelic and Balch, the Fourth District Court of Appeal reversed a final judgment of foreclosure, in part due to lack of evidence that the party transferring the note into a trust had any intent to transfer an interest to the trustee. In both Jelic and Balch, the Fourth DCA remanded for entry of an involuntary dismissal.
In Knowles, the bank conceding error requested remand for a new trial. However, the Fourth DCA found that the proper remedy, as in Jelic and Balch, was remand for entry of an involuntary dismissal.
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