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Loundin v. Bayview Loan Servicing, LLC, 16-0070 (2016)

Court: District Court of Appeal of Florida Number: 16-0070 Visitors: 7
Filed: Dec. 21, 2016
Latest Update: Mar. 03, 2020
Summary: Third District Court of Appeal State of Florida Opinion filed December 21, 2016. Not final until disposition of timely filed motion for rehearing. _ No. 3D16-70 Lower Tribunal No. 12-49064 _ Susanne Loundin, Appellant, vs. Bayview Loan Servicing, LLC, Appellee. An Appeal from the Circuit Court for Miami-Dade County, Peter R. Lopez, Judge. Pomeranz & Associates, P.A., and Mark L. Pomeranz (Hallandale), for appellant. Kass Shuler, P.A., and Melissa A. Giasi (Tampa), for appellee. Before SALTER, FE
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        Third District Court of Appeal
                                State of Florida

                         Opinion filed December 21, 2016.
          Not final until disposition of timely filed motion for rehearing.
                                ________________

                                  No. 3D16-70
                           Lower Tribunal No. 12-49064
                               ________________


                               Susanne Loundin,
                                     Appellant,

                                         vs.

                       Bayview Loan Servicing, LLC,
                                     Appellee.

      An Appeal from the Circuit Court for Miami-Dade County, Peter R. Lopez,
Judge.

      Pomeranz & Associates, P.A., and Mark L. Pomeranz (Hallandale), for
appellant.

      Kass Shuler, P.A., and Melissa A. Giasi (Tampa), for appellee.

Before SALTER, FERNANDEZ, and LOGUE, JJ.

      LOGUE, J.

      In this appeal of a judgment of foreclosure entered after a trial, appellant’s

first argument -- that the Bank’s failure to specify a unit number on the letter sent

to her constitutes a failure to meet the notice requirements – was not raised below
and cannot be raised for the first time on appeal. [need case]. Appellant’s second

argument – that she was not properly served a copy of the complaint – was not

properly preserved because she failed to provide a transcript of the hearing at

which her motion to dismiss in this regard was denied or a transcript reflecting any

evidentiary support for her argument in this regard. See, e.g., Applegate v. Barnett

Bank of Tallahassee, 
377 So. 2d 1150
, 1152 (Fla. 1979) (noting that the burden is

on the appellant to demonstrate error and without a transcript, the appellate court

cannot conclude whether the trial court’s judgment is not supported by the

evidence or alternative theory).

      Affirmed.




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Source:  CourtListener

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