Brooker v. Ocwen Loan Servicing, LLC, 224 So. 3d 816 (Fla. 2d DCA 2017). · Go Syfert
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Brooker v. Ocwen Loan Servicing, LLC, 224 So. 3d 816 (Fla. 2d DCA 2017). Cases Citing This Book View Copy Cite
3 citation events across 1 distinct court.
Strongest positive: AMERICAN PRIME TITLE SERVICES, LLC v. ZHI WANG (fladistctapp, 2021-02-03)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (rule) AMERICAN PRIME TITLE SERVICES, LLC v. ZHI WANG
Fla. Dist. Ct. App. · 2021 · confidence medium
One exceedingly narrow exception to the general rule exists where “the requested discovery is relevant or is reasonably calculated to lead to the discovery of admissible evidence and the order denying that discovery effectively eviscerates a party’s claim, defense, or counterclaim.” Westerbeke Corp. v. Atherton, 224 So. 3d 816, 821 (Fla. 2d DCA 2017) (quoting Giacalone v. Helen Ellis Mem’l Hosp.
discussed Cited "see" Kesler v. Progressive Select Insurance Company
Fla. Dist. Ct. App. · 2026 · signal: see · confidence high
See Westerbeke Corp. v. Atherton, 224 So. 3d 816, 822 (Fla. 2d DCA 2017) ("The rulings of lower federal courts are not binding on state 4 The specific questions to which Catledge responded by invoking the attorney-client privilege that Progressive included in its motion below are as follows: "Is [Progressive's request that Kesler execute a medical authorization form] something that you would have discussed with Ms. Kesler when you received it, this correspondence?" "Would you discuss that [medical release] with her?" "Do you know if anyone [from Ruth Law] spoke with Ms. Kesler about this [sett…
Retrieving the full opinion text from the archive…
Ruby L. BROOKER
v.
OCWEN LOAN SERVICING, LLC
Case No. 2D16-494.
District Court of Appeal of Florida, Second District.
Aug 9, 2017.
224 So. 3d 816
2017 WL 3399829
2017 Fla. App. LEXIS 11421
Kendrick Almaguer and Cindy Cumber-batch of The Ticktin Law Group, P.A., Deerfield Beach, for Appellant., James H. Wyman of Hinshaw & Culbertson LLP, Coral Gables, for Appellee.
Foster, Lucas, Sleet.
Published
SLEET, Judge.

Ruby L. Brooker appeals the final judgment of foreclosure entered against her and in favor of Ocwen Loan Servicing, LLC. We reverse because Ocwen failed to prove that it complied with paragraph twenty-two of the mortgage and the note’s contractual requirement to mail a notice of default to Brooker as a condition precedent to foreclosure. The breach letter was not admitted into evidence, and without record proof that Ocwen complied with the condition precedent, we must reverse and remand for dismissal of Ocwen’s foreclosure action. See Blum v. Deutsche Bank Trust Co., 159 So.3d 920, 920-21 (Fla. 4th DCA 2015).

Reversed and remanded.

LUCAS, J., and JOSEPH G. FOSTER, ASSOCIATE JUDGE, Concur.