NATIONAL EQUITY RECOVERY SERVICES, INC., v. FLORIDA DEPARTMENT OF FINANCIAL SERVICES

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NATIONAL EQUITY RECOVERY SERVICES, INC., NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant, CASE NO. 1D13-1110 v. FLORIDA DEPARTMENT OF FINANCIAL SERVICES, Appellee. _____________________________/ Opinion filed December 17, 2013. An appeal from the Final Order of the State of Florida Department of Financial Services, Tallahassee, Florida. Rafael De Araujo, Miami, for Appellant. Lori Lynn Jobe, Department of Financial Services, Tallahassee, for Appellee. PER CURIAM. National Equity Recovery Services ( NERS ) appeals the denial of its attempt to claim unclaimed surplus funds arising from a foreclosure sale on property previously owned by Ms. Ghislaine Joseph Pierre. The Department of Financial Services ( DFS ) denied the claim and a requested hearing, in part, because the paperwork that NERS submitted did not adequately demonstrate it was authorized to act on behalf of Ms. Pierre. We agree that the limited power of attorney that NERS submitted was insufficient, thereby supporting DFS s conclusion that NERS lacked standing to request an evidentiary hearing. Because NERS did not sufficiently provide information necessary for DFS to process the claim, we find no error. AFFIRMED. LEWIS, C.J., WOLF, and MAKAR, JJ., CONCUR. 2

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