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Loundin v. Bayview Loan Servicing, LLC

District Court of Appeal of Florida, Third District.
Dec 21, 2016
208 So. 3d 789 (Fla. Dist. Ct. App. 2016)

Summary

holding that failure to raise specific argument with regard to paragraph twenty-two notice below prevented review on appeal

Summary of this case from Mace v. M&T Bank

Opinion

No. 3D16–70

12-21-2016

Susanne LOUNDIN, Appellant, v. BAYVIEW LOAN SERVICING, LLC, Appellee.

Pomeranz & Associates, P.A., and Mark L. Pomeranz (Hallandale), for appellant. Kass Shuler, P.A., and Melissa A. Giasi (Tampa), for appellee.


Pomeranz & Associates, P.A., and Mark L. Pomeranz (Hallandale), for appellant.

Kass Shuler, P.A., and Melissa A. Giasi (Tampa), for appellee.

Before SALTER, FERNANDEZ, and LOGUE, JJ.

LOGUE, J.

In this appeal of a judgment of foreclosure entered after a trial, appellant's first argument—that the Bank's failure to specify a unit number on the letter sent to her constitutes a failure to meet the notice requirements—was not raised below and cannot be raised for the first time on appeal. See, e.g. , Krivanek v. Take Back Tampa Political Comm. , 625 So.2d 840, 842 (Fla. 1993). Appellant's second argument—that she was not properly served a copy of the complaint—was not properly preserved because she failed to provide a transcript of the hearing at which her motion to dismiss in this regard was denied or a transcript reflecting any evidentiary support for her argument in this regard. See, e.g. , Applegate v. Barnett Bank of Tallahassee , 377 So. 2d 1150, 1152 (Fla. 1979) (noting that the burden is on the appellant to demonstrate error and without a transcript, the appellate court cannot conclude whether the trial court's judgment is not supported by the evidence or alternative theory).

Affirmed.


Summaries of

Loundin v. Bayview Loan Servicing, LLC

District Court of Appeal of Florida, Third District.
Dec 21, 2016
208 So. 3d 789 (Fla. Dist. Ct. App. 2016)

holding that failure to raise specific argument with regard to paragraph twenty-two notice below prevented review on appeal

Summary of this case from Mace v. M&T Bank
Case details for

Loundin v. Bayview Loan Servicing, LLC

Case Details

Full title:Susanne LOUNDIN, Appellant, v. BAYVIEW LOAN SERVICING, LLC, Appellee.

Court:District Court of Appeal of Florida, Third District.

Date published: Dec 21, 2016

Citations

208 So. 3d 789 (Fla. Dist. Ct. App. 2016)

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