Deutsche Bank Nat'l Trust Co. v. Huber, 137 So. 3d 562 (Fla. 4th DCA 2014). · Go Syfert
Deutsche Bank Nat'l Trust Co. v. Huber, 137 So. 3d 562 (Fla. 4th DCA 2014). Cases Citing This Book View Copy Cite
45 citation events (45 in the last 25 years) across 1 distinct court.
Treatment trajectory · 2015 → 2026 · click a year to view as-of
2015 2020 2026
Top citers, strongest first. 34 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) U.S. BANK NATIONAL ASSOCIATION, etc. v. STEVEN D. GROB
Fla. Dist. Ct. App. · 2022 · quote attribution · 1 verbatim quote · confidence high
a plaintiff's loan servicing agent is a proper representative to verify a mortgage foreclosure complaint.
discussed Cited as authority (verbatim quote) U.S. BANK NATIONAL ASSOCIATION, etc. v. STEVEN D. GROB
Fla. Dist. Ct. App. · 2022 · quote attribution · 1 verbatim quote · confidence high
a plaintiff's loan servicing agent is a proper representative to verify a mortgage foreclosure complaint.
discussed Cited as authority (rule) The Bank of New York Mellon, Etc. v. Paula Cohen A/K/A Paula Lawler
Fla. Dist. Ct. App. · 2025 · confidence medium
Co. v. Huber, 137 So. 3d 562, 563-64 (Fla. 4th DCA 2014) (“[When a motion for involuntary dismissal is granted by the trial court, an appellate court] must view the evidence and all inferences of fact in a light most favorable to the nonmoving party, and can affirm [an involuntary dismissal] only where no proper view of the evidence could sustain a verdict in favor of the nonmoving party.”) (internal quotation marks and citation omitted).
cited Cited as authority (rule) PENNYMAC LOAN SERVICES, LLC v. EDDY E. USTAREZ a/k/a EDDY USTAREZ and OSMANIS MANRESA
Fla. Dist. Ct. App. · 2020 · confidence medium
Co. v. Huber, 3 137 So. 3d 562, 563 (Fla. 4th DCA 2014).
cited Cited as authority (rule) WILMINGTON SAVINGS FUND SOCIETY, FSB, etc v. CHARLES RICHARD STEVENS a/k/a CHARLES R. STEVENS
Fla. Dist. Ct. App. · 2020 · confidence medium
Co. v. Huber, 137 So. 3d 562, 563 (Fla. 4th DCA 2014).
cited Cited as authority (rule) DEUTSCHE BANK TRUST COMPANY AMERICAS, etc. v. CHRISTOPHER HARRIS a/k/a CHRISTOPHER E. HARRIS
Fla. Dist. Ct. App. · 2019 · confidence medium
Co. v. Huber, 137 So. 3d 562, 563 (Fla. 4th DCA 2014).
cited Cited as authority (rule) SAMUEL TORRES and MELISSA RENALDO v. DEUTSCHE BANK NATIONAL TRUST
Fla. Dist. Ct. App. · 2018 · confidence medium
Deutsche Bank Nat’l Trust Co. v. Huber, 137 So. 3d 562, 563 (Fla. 4th DCA 2014).
cited Cited as authority (rule) JONATHAN ROUFFE and RACHEL PEARL a/k/a RACHEL ROUFFE v. CITIMORTGAGE, INC.
Fla. Dist. Ct. App. · 2018 · confidence medium
Co. v. Huber, 137 So. 3d 562, 563-64 (Fla. 4th DCA 2014).
discussed Cited as authority (rule) Nationstar Mortgage v. Silva
Fla. Dist. Ct. App. · 2018 · confidence medium
Trust Co. v. Huber, 137 So. 3d 562, 563-64 (Fla. 4th DCA 2014) (“When an appellate court reviews the grant of a motion for involuntary dismissal, it must view the evidence and all inferences of fact in a light most favorable to the nonmoving party, and can affirm a directed verdict only where no proper view of the evidence could sustain a verdict in favor of the nonmoving party.” (quotation omitted)).
cited Cited as authority (rule) ABDUL SALAM and GHAZALA K. SALAM v. U.S. BANK NATIONAL ASSOC., ETC
Fla. Dist. Ct. App. · 2017 · confidence medium
Deutsche Bank Nat’l Trust Co. v. Huber, 137 So. 3d 562, 563 (Fla. 4th DCA 2014).
discussed Cited as authority (rule) Wells Fargo Delaware Trust Company, N.A. v. Petrov
Fla. Dist. Ct. App. · 2017 · confidence medium
Co. v. Huber, 137 So.3d 562, 564 (Fla. 4th DCA 2014) (finding error with trial court’s* determination that appellant’s servicing agent lacked standing to bring foreclosure action on appellant’s behalf when record “clearly reflected]” that appellant filed foreclosure complaint on its own behalf and that servicing agent merely verified complaint); see also US Bank Nat’l Ass’n v. Marion, 122 So.3d 398, 399 (Fla. 2d DCA 2013) (reversing dismissal on basis that servi-cer’s employee verified bank’s foreclosure complaint); Deutsche Bank Nat’l Tr.
discussed Cited as authority (rule) Wells Fargo Delaware Trust Company, N.A. v. Petrov
Fla. Dist. Ct. App. · 2017 · confidence medium
Co. v. Huber, 137 So. 3d 562, 564 (Fla. 4th DCA 2014) (finding error with trial court's determination that appellant's servicing agent lacked standing to bring foreclosure action on appellant's behalf when record "clearly reflect[ed]" that appellant filed foreclosure complaint on its own behalf and that servicing agent merely verified complaint); see also US Bank Nat'l Ass'n v. Marion, 122 So. 3d 398, 399 (Fla. 2d DCA 2013) (reversing dismissal on basis that servicer's employee verified bank's foreclosure complaint); Deutsche Bank Nat'l Tr.
cited Cited as authority (rule) Partridge v. Nationstar Mortgage, LLC
Fla. Dist. Ct. App. · 2017 · confidence medium
Co. v. Huber, 137 So.3d 562, 563 (Fla. 4th DCA 2014).
cited Cited as authority (rule) Wells Fargo Bank, N.A. v. Eisenberg
Fla. Dist. Ct. App. · 2017 · confidence medium
Co. v. Huber, 137 So.3d 562, 563 (Fla. 4th DCA 2014).
cited Cited as authority (rule) ALS Maxim I LLC v. Katsenko
Fla. Dist. Ct. App. · 2017 · confidence medium
See Colson v. State Farm Bank, F.S.B., 183 So.3d 1038 , 1039 n.1 (Fla. 2d DCA 2015); Deutsche Bank Nat’l Trust Co. v. Huber, 137 So.3d 562, 564 (Fla. 4th DCA 2014).
cited Cited as authority (rule) Bank of New York Mellon v. Heath
Fla. Dist. Ct. App. · 2017 · confidence medium
Co. v. Huber, 137 So.3d 562, 563 (Fla. 4th DCA 2014).
discussed Cited as authority (rule) Wells Fargo Bank, N.A. v. Ayers
Fla. Dist. Ct. App. · 2017 · confidence medium
Co. v. Huber, 137 So.3d 562, 563 (Fla. 4th DCA 2014). ‘When an appellate court reviews the grant of a motion for involuntary dismissal, it must view the evidence and all inferences of fact in a light most favorable to the nonmoving party .... ” Deutsche Bank Nat’l Tr.
cited Cited as authority (rule) Deutsche Bank National Trust Co. v. Applewhite
Fla. Dist. Ct. App. · 2017 · confidence medium
Co. v. Huber, 137 So.3d 562, 563 (Fla. 4th DCA 2014).
cited Cited as authority (rule) U.S. Bank National Ass'n v. Becker
Fla. Dist. Ct. App. · 2017 · confidence medium
Co. v. Huber, 137 So.3d 562, 563 (Fla. 4th DCA 2014).
cited Cited as authority (rule) Nationstar Mortgage, LLC v. U.N. Kee Wing
Fla. Dist. Ct. App. · 2017 · confidence medium
Co. v. Huber, 137 So.3d 562, 563 (Fla. 4th DCA 2014)).
cited Cited as authority (rule) Bayview Loan Servicing, LLC v. Del Lupo
Fla. Dist. Ct. App. · 2017 · confidence medium
Co. v. Huber, 137 So.3d 562, 563 (Fla. 4th DCA 2014).
discussed Cited as authority (rule) Liberty Home Equity Solutions, Inc. v. Raulston
Fla. Dist. Ct. App. · 2016 · confidence medium
Co. v. Huber, 137 So.3d 562, 563 (Fla. 4th DCA 2014) (citing Deutsche Bank Nat'l Trust Co. v. Clarke, 87 So.3d 58, 60 n.1 (Fla. 4th DCA 2012)).
cited Cited as authority (rule) ALS-RVC, LLC v. Garvin
Fla. Dist. Ct. App. · 2016 · confidence medium
Co. v. Huber, 137 So.3d 562, 563 (Fla. 4th DCA 2014) (citation omitted).
discussed Cited as authority (rule) Green Tree Servicing LLC v. Sanker
Fla. Dist. Ct. App. · 2016 · confidence medium
Deutsche Bank Nat’l Trust Co. v. Huber, 137 So.3d 562, 563 (Fla. 4th DCA 2014); see also Bank of New York v. Calloway, 157 So.3d 1064, 1069 (Fla. 4th DCA 2015) (applying the de novo standard of review to an order granting an involuntary dismissal).
cited Cited as authority (rule) Marlene Rattigan and Errol Rattigan v. Central Mortgage Company
Fla. Dist. Ct. App. · 2016 · confidence medium
Co. v. Huber, 137 So.3d 562, 563 (Fla. 4th DCA 2014).
cited Cited as authority (rule) Deutsche Bank National Trust Company v. Colin F. Baker, Debbyta Baker, Mortgage Electronic, etc.
Fla. Dist. Ct. App. · 2016 · confidence medium
Deutsche Bank Nat’l Trust Co. v. Hubert, 137 So.3d 562, 563 (Fla. 4th DCA 2014).
discussed Cited as authority (rule) U.S. Bank National Association v. Zacarie Benoit, Mortgage Electronic Registration Systems Incorporated, as Nominee For First Interstate Financial Corp., and Thacker Limited Partnership
Fla. Dist. Ct. App. · 2016 · confidence medium
Moreover; “a plaintiff- seeking to foreclose on a defendant must produce the 'original note (or provide satisfactory explanation of the failure to produce) and surrender it to the court or court clerk before the issuance of a final judgment in order to take it out of the stream of commerce.” Deutsche Bank Nat’l Trust Co. v. Huber, 137 So.3d 562, 564 (Fla. 4th DCA 2014).
cited Cited as authority (rule) Wells Fargo Bank, N.A. v. Alfredo Gonzalez, Alexandra Gonzalez a/k/a Alexandra B. Gonzalez, Magaly M. Gonzalez, etc.
Fla. Dist. Ct. App. · 2016 · confidence medium
Deutsche Bank Nat’l Trust Co. v. Huber, 137 So.3d 562, 563 (Fla. 4th DGA 2014).
cited Cited as authority (rule) Nick Purificato and Denise L. Purificato a/k/a Denise Purificato v. Nationstar Mortgage, LLC
Fla. Dist. Ct. App. · 2016 · confidence medium
Deutsche Bank Nat’l Trust Co. v. Huber, 137 So.3d 562, 563 (Fla. 4th DCA 2014).
discussed Cited as authority (rule) PMI, by and through its special servicer, Orix Capital Markets, LLC v. Palm Beach Mall, LLC, Simon Property Group, LP., a/k/a Simon Property Group, L.P., d/b/a DeBartolo Realty Partnership, LTD. and Simon Palm Beach, LLC
Fla. Dist. Ct. App. · 2015 · confidence medium
Deutsche Bank Nat’l Trust Co. v. Huber, 137 So. 3d 562, 563 (Fla. 4th DCA 2014). i. The Definition of Insolvency Wells Fargo next argues that the trial court erred by rejecting the balance-sheet insolvency definition in favor of equity insolvency.
discussed Cited as authority (rule) Wells Fargo Bank, N.A. v. Palm Beach Mall, LLC
Fla. Dist. Ct. App. · 2015 · confidence medium
Deutsche Bank Nat’l Trust Co. v. Huber, 137 So.3d 562, 563 (Fla. 4th DCA 2014). i. The Definition of Insolvency Wells Fargo next argues that the trial court erred by rejecting the balance-sheet insolvency definition in favor of equity insolvency.
discussed Cited "see" Bank of New York v. Andrew Calloway
Fla. Dist. Ct. App. · 2015 · signal: see · confidence high
See Deutsche Bank Nat’l Trust Co. v. Huber, 137 So.3d 562, 563 (Fla. 4th DCA 2014) Section 90.803(6), Florida Statutes (2008), “provides a hearsay exception for records of regularly conducted business activity.” A.S. v. State, 91 So.3d 270, 271 (Fla. 4th DCA 2012).
discussed Cited "see, e.g." LUIS MORALES and CECELIA MORALES v. FIFTH THIRD BANK
Fla. Dist. Ct. App. · 2018 · signal: see also · confidence medium
Id.; see also Deutsche Bank Nat’l Trust Co. v. Huber, 137 So. 3d 562, 564 (Fla. 4th DCA 2014) (stating that the court could not make a leap of faith that a note surrendered to the clerk was the original when such a determination was not supported by the record before it in which only a copy of the note was admitted in evidence).
discussed Cited "see, e.g." Heller v. Bank of America, N.A.
Fla. Dist. Ct. App. · 2017 · signal: see also · confidence medium
Id.; see also Deutsche Bank Nat’l Trust Co. v. Huber, 137 So.3d 562, 564 (Fla. 4th DCA 2014) (stating that the court could not make a leap of faith that a note surrendered to the clerk was the original when such a determination *645 was not supported by the record before it in which only a copy of the note was admitted in evidence).
Retrieving the full opinion text from the archive…
DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for Ameriquest Mortgage Securities, Inc., Asset-Backed Pass-Through Certificates, Series Arsi 2006-M3
v.
Robin M. HUBER
No. 4D12-3696.
District Court of Appeal of Florida, Fourth District.
Apr 23, 2014.
137 So. 3d 562
H. Michael Muniz of Kahane & Associates, P.A., Plantation, for appellant., Louis B. Vocelle, Jr., of Vocelle & Berg, LLP, Vero Beach, for appellees Robin M. Huber and Thomas Huber.
Forst, Gerber, Gross.
Cited by 36 opinions  |  Published
Pinpoint authority: bottom 30%
FORST, J.

In this foreclosure action, Appellant Deutsche Bank National Trust Company appeals the trial court’s final judgment granting Appellees Robin and Thomas Huber’s motion for involuntary dismissal. Appellant argues that the trial court reversibly erred in two respects: (1) dismissing the action where Appellant presented the original promissory note at trial but moved a copy of the note into evidence; and (2) determining the rights of its servicing agent, a non-party. For the reasons stated below, we find no merit in the former argument, but remand for correction in regard to the latter.

Our standard of review for a motion for involuntary dismissal is de novo. Deutsche Bank Nat’l Trust Co. v. Clarke, 87 So.3d 58, 60 (Fla. 4th DCA 2012). A motion for involuntary dismissal under Florida Rule of Civil Procedure 1.420(b) in a non-jury trial can be equated to a motion for directed verdict in a jury trial. See id. at 60 n. 1. ‘When an appellate court reviews the grant of a motion for involuntary dismissal, it must view the evidence and all inferences of fact in a light most favorable to the nonmoving party, and can affirm a directed verdict only where no proper view of the evidence could sustain a[*564] verdict in favor of the nonmoving party.” Id. at 60. The granting of a motion for involuntary dismissal operates as an adjudication on the merits, unless the court specifies otherwise, finding that the non-moving party has not shown the right to relief under the applicable facts and law. Fla. R. Civ. P. 1.420(b).

“This court has recognized that possession of the original note is a significant fact in deciding whether the possessor is entitled to enforce its terms.” Clarke, 87 So.3d at 61 (citing Riggs v. Aurora Loan Servs., LLC, 36 So.3d 932, 933 (Fla. 4th DCA 2010)). Because a promissory note is a negotiable instrument, a plaintiff seeking to foreclose on a defendant must produce the original note (or provide satisfactory explanation of the failure to produce) and surrender it to the court or court clerk before the issuance of a final judgment in order to take it out of the stream of commerce. See, e.g., Downing v. First Nat’l Bank of Lake City, 81 So.2d 486, 488 (Fla.1955); Clarke, 87 So.Sd at 60-61; Johnston v. Hudlett, 32 So.3d 700, 704 (Fla. 4th DCA 2010).

In the instant case, although Appellant presented the original note to a witness at trial, Appellant only moved a copy of the note into evidence. Contrary to Appellant’s arguments, we find this case distinguishable from our decision in Clarke, because here, no record evidence exists to show that Appellant surrendered the original note to the court before the final judgment was issued, nor did Appellant offer a satisfactory explanation as to its failure to do so. See Clarke, 87 So.3d at 59-61. Appellant maintains that it surrendered the note in a “package” to the clerk following the trial and requests this court to make the “logical and equitable” presumption that the original note was in the “package” surrendered to the court. However, this court does not make “logical and equitable” leaps of faith, as it cannot (and should not) make any such determination unsupported by the record before it. Appellant further contends that the trial court’s decision should be reversed because “the proof was in the pudding.” This may be true as, for all we know, the original promissory note was in that pudding. Nonetheless, it was not admitted into evidence at trial (although a copy of the note was moved into the record) and there is no indication that the original note has been previously filed with the court or the court clerk. Contra Clarke, 87 So.3d at 59. As such, we affirm the final judgment granting involuntary dismissal. See Downing, 81 So.2d at 488.

We do find error with the trial court’s determination in the final judgment that Appellant’s servicing agent, American Home Mortgage Servicing, Inc., lacked standing to bring the foreclosure action on behalf of Appellant. The record clearly reflects that Appellant filed the foreclosure complaint on its own behalf, having the servicing agent merely verify the complaint pursuant to Florida Rule of Civil Procedure 1.110(b). A plaintiffs loan servicing agent is a proper representative to verify a mortgage foreclosure complaint. See U.S. Bank, N.A. v. Wanio-Moore, 111 So.3d 941, 941 (Fla. 5th DCA 2013). The trial court improperly applied this court’s decision in Elston/Leetsdale, LLC v. CWCapital Asset Management LLC, 87 So.3d 14 (Fla. 4th DCA 2012), to base the involuntary dismissal in part on the servicing agent’s lack of standing. Since the record is clear that the servicing agent was not a party to the action as it was not the entity that filed the complaint, it was improper for the court to make such a determination. Rustom v. Sparling, 685 So.2d 90, 90 (Fla. 4th DCA 1997) (“The trial court may not adjudicate the rights of a non-party.”). Therefore, although we af[*565] firm the dismissal on the grounds stated above, we remand for the trial court to strike the portions of the final judgment claiming the servicing agent filed the complaint on Appellant’s behalf and determining the servicing agent’s lack of standing as a basis for dismissal.

Affirm and remand for portions of the final judgment to be stricken.

GROSS and GERBER, JJ., concur.