REAL ESTATE: MORTGAGE FORECLOSURE: STANDING; CIVIL PROCEDURE: SUMMARY JUDGMENT

Lyttle v. BankUnited, ___ So. 3d ___, 38 Fla. L. Weekly D1158 (Fla. 5th DCA May 24, 2013)

The appellate court reversed summary judgment for the plaintiff in a mortgage foreclosure “[b]ecause the original promissory note was not payable to [the plaintiff] or endorsed in blank and because [the plaintiff] did not” “submit evidence of an assignment from the payee to the plaintiff or an affidavit of ownership to prove its status as a holder of the note.”