Alonso v. Deutsch Bank National Trust Company

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IN THE SECOND DISTRICT COURT OF APPEAL, LAKELAND, FLORIDA January 24, 2014 ALEX ALONSO, ) ) Appellant, ) ) v. ) ) DEUTSCH BANK NATIONAL TRUST ) COMPANY, as Trustee of the Home ) Equity Mortgage Loan Asset-Backed ) Trust Series INABS 2006-D, Home ) Equity Mortgage Loan Asset-Backed ) Certificates, Series INABS 2006-D ) Under the Pooling and Servicing ) Agreement Dated September 1, 2006, ) ) Appellee. ) ___________________________________ ) Case No. 2D12-5525 BY ORDER OF THE COURT: Appellant's motion for rehearing filed November 22, 2013, is granted in part to remand for correction of the foreclosure judgment amount. The per curiam opinion dated November 8, 2013, is withdrawn, and the attached opinion is substituted therefor. No further motions for rehearing will be entertained in this appeal. I HEREBY CERTIFY THE FOREGOING IS A TRUE COPY OF THE ORIGINAL COURT ORDER. JAMES BIRKHOLD, CLERK IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT ALEX ALONSO, ) ) Appellant, ) ) v. ) ) DEUTSCH BANK NATIONAL TRUST ) COMPANY, as Trustee of the Home ) Equity Mortgage Loan Asset-Backed ) Trust Series INABS 2006-D, Home ) Equity Mortgage Loan Asset-Backed ) Certificates, Series INABS 2006-D ) Under the Pooling and Servicing ) Agreement Dated September 1, 2006, ) ) Appellee. ) ___________________________________ ) Case No. 2D12-5525 Opinion filed January 24, 2014. Appeal from the Circuit Court for Hillsborough County; Sandra Taylor, Senior Judge. Henry W. Hicks and Adam J. Knight of Henry W. Hicks, P.A., Tampa, for Appellant. Benjamin B. Brown of Quarles & Brady, LLP, Naples, for Appellee. LaROSE, Judge. Alex Alonso appeals a uniform final judgment of foreclosure in favor of Deutsche Bank National Trust Company. We affirm the judgment of foreclosure; we reverse the amount of damages awarded. We remand for the trial court to enter an amended judgment awarding damages in the amount of $362,283.31, the unpaid principal loan balance proven at trial. Affirmed in part, reversed in part, and remanded. KELLY and MORRIS, JJ., Concur. -2-

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