GREUNKE v. BANK OF NEW YORK MELLON (2024)

District Court of Appeal of Florida, Third District.

Chester GREUNKE, et al., Appellants, v. The BANK OF NEW YORK MELLON, etc., Appellee.

No. 3D22-1982

Decided: July 17, 2024

Before EMAS, MILLER and LOBREE, JJ.

Law Offices of Daryl L. Jones, P.A., and Faequa A. Khan, for appellants. DeLuca Law Group, PLLC and Kimberly George (Fort Lauderdale), for appellee.

Affirmed. See § 673.3091, Fla. Stat. (2019); Wells Fargo Bank, N.A. v. Bricourt, 290 So. 3d 501, 504 (Fla. 4th DCA 2020) (finding bank met requirements of section 673.3091 to reestablish lost note “through the witness’ testimony and unrebutted documentary evidence”); Nationstar Mortg., LLC v. Kelly, 199 So. 3d 1051, 1052 (Fla. 5th DCA 2016) (noting “that evidence of a valid pre-suit assignment of the note and mortgage from the original payee or its nominee, MERS, to the foreclosure plaintiff was sufficient proof that the plaintiff held the note and mortgage and had standing to foreclose”).

PER CURIAM.

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