Mongon v. Bank of New York
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED MARK MONGON AND GENEVIEVE MONGON, Appellants, v. Case No. 5D15-761 BANK OF NEW YORK MELLON, ETC., ET AL., Appellees. ________________________________/ Opinion filed April 1, 2016 Appeal from the Circuit Court for St. Johns County, Howard M. Maltz, Judge. Thomas R. Pycraft, Jr., John J. Spence, Michael J. Pelkowski and David D. Naples Jr., of Pycraft Law, LLC, St. Augustine, for Appellants. Shaib Y. Rios, of Brock & Scott, PLLC, Ft. Lauderdale, and Kelley Kronenberg and Erin M. Berger, Tampa, for Appellee, Bank of New York Mellon. No Appearance for other Appellees. PER CURIAM. AFFIRMED. See Phan v. Deutsche Bank Nat’l. Tr. Co., 41 Fla. L. Weekly D516 (Fla. 2d DCA Feb. 26, 2016) (“[A] plaintiff may demonstrate by competent, substantial evidence its standing to foreclose a mortgage under section 637.0311, Florida Statutes, where it has constructive possession of a mortgage note through its agent at the time it files a complaint for foreclosure.”). LAWSON, C.J., EVANDER and LAMBERT, JJ., concur. 2
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