CONTRACTS: ACTION FOR BREACH OF PROMISSORY NOTE; CIVIL PROCEDURE: SUMMARY JUDGMENT: SUMMARY JUDGMENT FOR PLAINTIFF REVERSED BECAUSE OF ABSENCE OF ANY EVIDENCE THAT PLAINTIFF WAS THE HOLDER OF THE NOTE ON THE DATE COMPLAINT WAS FILED: EVEN IF DEFENDANT WAIVED DEFENSE OF LACK OF STANDING ON THE DATE THE COMPLAINT WAS FILED, PLAINTIFF HAD THE BURDEN TO PROVE IT WAS ENTITLED TO ENFORCE THE NOTE ON THE DATE OF THE SUMMARY JUDGMENT HEARING: ABSENCE OF ANY EVIDENCE HOW PLAINTIFF ACQUIRED NOTE PRECLUDED SUMMARY JUDGMENT

Lovett v. National Collegiate Student Loan Trust 2004-1, ___ So. 3d ___, 39 Fla. L. Weekly D2281 (Fla. 5th DCA October 31, 2014)

The plaintiff sued the defendant and his father, as guarantor, for breach of a promissory note to pay an educational loan.  The trial court entered summary judgment for the plaintiff, but the appellate court reversed because … Click To Read Full Case Law Review...