Perera v. Nationstar Mortgage, LLC

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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 MARISELA PERERA, Appellant, v. NATIONSTAR MORTGAGE, LLC, Appellee. ) ) ) ) ) ) ) ) ) ) Case No. 2D17-361 Opinion filed November 22, 2017. Appeal from the Circuit Court for Hillsborough County; Perry A. Little, Senior Judge. Brian D. Keisacker of Rahdert Law, PLLC, St. Petersburg, for Appellant. Nancy M. Wallace and Ryan D. O'Connor of Akerman, LLP, Tallahassee; and William P. Heller of Akerman, LLP, Fort Lauderdale, for Appellee. VILLANTI, Judge. Marisela Perera appeals the final judgment of foreclosure entered in favor of Nationstar Mortgage, LLC, contending that Nationstar failed to prove at trial that its predecessor-in-interest had standing to bring the foreclosure action when it filed the initial complaint. Because Nationstar's appellate counsel1 has correctly and commendably conceded error, we find no need to address the standing issue further. Accordingly, we reverse the final judgment of foreclosure and remand for entry of an involuntary dismissal. Reversed and remanded for dismissal. LaROSE, C.J., and LUCAS, J., Concur. 1 Appellate counsel was not trial counsel below. -2-

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