Whitburn, LLC v. Deutsche Bank

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT WHITBURN, LLC, Appellants, v. DEUTSCHE BANK, NATIONAL TRUST COMPANY, AS TRUSTEE FOR ASSETBACKED PASS-THROUGH CERTIFICATES, SERIES 2004-W3; ROBERT W. KENKEL A/K/A ROBERT KENKEL; CANTERBURY LAKES HOMEOWNERS ASSOCIATION INC; GTE FEDERAL CREDIT UNION, Appellees. Opinion filed October 9, 2015. Appeal from the Circuit Court for Hillsborough County; Perry A. Little, Senior Judge. Heather A. DeGrave of Walters Levine Klingensmith & Thomison, P.A., Tampa, for Appellants. Jack S. Kallus and Nicole R. Topper of Blank Rome, LLP, Ft. Lauderdale, for Appellees Deutsche Bank. No appearance for remaining appellees. PER CURIAM. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 2D14-3384 To the extent the final judgment on appeal incorporates the trial court's oral ruling denying appellant's motion to substitute, it is affirmed without necessity of comment. In all other respects, this appeal is dismissed. See Market Tampa Investments, LLC v. Stobaugh, No. 14-5126, 2015 WL 5131679, at *1 (Fla. 2d DCA Sept. 2, 2015) (dismissing appeal from a final judgment of foreclosure where appellant's motion to substitute or intervene was denied in the trial court and affirmed on appeal). ALTENBERND, WALLACE, and SALARIO, JJ., Concur. -2-

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