NIX v. FEDERAL NATIONAL MORTGAGE ASSOCIATION (2018)

District Court of Appeal of Florida, Fifth District.

Jennifer NIX, Appellant, v. FEDERAL NATIONAL MORTGAGE ASSOCIATION and Christopher Nix, Appellees.

Case No. 5D17-2995

Decided: October 05, 2018

Richard J. Mockler, of Stay In My Home, P.A., St. Petersburg, for Appellant. Michael W. Smith and Shaib Y. Rios, of Brock & Scott, PLLC, Ft. Lauderdale, for Appellee, Federal National Mortgage Association. No Appearance for other Appellee.

Jennifer Nix appeals from the final judgment of foreclosure entered after trial, arguing that the evidence presented was insufficient to prove the mailing of the default letter as required under Paragraph 22 of the mortgage. Federal National Mortgage Association concedes error. Accordingly, we reverse and remand for entry of an order of involuntary dismissal. E.g., Madl v. Wells Fargo Bank, N.A., 244 So.3d 1134, 1137 (Fla. 5th DCA 2017).

REVERSED and REMANDED.

PER CURIAM.

COHEN, C.J., ORFINGER and LAMBERT, JJ., concur.

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