Narrative Opinion Summary
Marsha R. Sanks and Joseph D. Sanks appealed a final judgment of foreclosure and reformation of a mortgage issued after a bench trial. The appellate court affirmed the judgment, except for two specific monetary awards: pre-acceleration charges totaling $81.19 and property taxes and insurance amounting to $3,886.66. The court determined that there was insufficient competent, substantial evidence to support these charges, referencing Wagner v. Bank of America, N.A. 143 So.3d 447, 448 (Fla. 2d DCA 2014). Consequently, on remand, the final judgment will be adjusted to exclude these amounts. Additionally, the court noted that the final judgment incorrectly named the original plaintiff instead of the substituted plaintiff, Calchas, LLC, and directed the trial court to amend the caption accordingly. The judgment was affirmed in part, reversed in part, and remanded for these adjustments, with all judges concurring.
Legal Issues Addressed
Amendment of Judgment for Incorrect Party Namesubscribe to see similar legal issues
Application: The appellate court directed the trial court to amend the judgment to reflect the correct plaintiff's name.
Reasoning: Additionally, the court noted that the final judgment incorrectly named the original plaintiff instead of the substituted plaintiff, Calchas, LLC, and directed the trial court to amend the caption accordingly.
Partial Affirmation and Reversal on Appealsubscribe to see similar legal issues
Application: The appellate court affirmed the foreclosure judgment in part but reversed certain parts due to evidentiary issues, instructing adjustments on remand.
Reasoning: The judgment was affirmed in part, reversed in part, and remanded for these adjustments, with all judges concurring.
Sufficiency of Evidence for Monetary Awardssubscribe to see similar legal issues
Application: The appellate court found insufficient evidence for specific monetary awards in the foreclosure judgment, requiring their removal.
Reasoning: The court determined that there was insufficient competent, substantial evidence to support these charges, referencing Wagner v. Bank of America, N.A. 143 So.3d 447, 448 (Fla. 2d DCA 2014).