Trial Court Erred in Denying Plaintiff's Motion for Return

FLORIDA CASE LAW UPDATES
WILMINGTON SAV. FUND SOC'Y FSB V. MORRONI, 2D20-3085 (Fla. 2nd DCA May 28, 2021).

The Second District held that the trial court erred in denying the plaintiff’s motion for the return of the loan documents in the court file following its unsuccessful foreclosure action based on the trial court’s mistaken conclusion that the appellate court, in reversing judgment for the plaintiff, had found that the documents were not the originals. The appellate court only ruled that the plaintiff failed to carry its burden of proof that the note and the allonge it tendered were originals, not that the note and allonge were not actually originals. Moreover, there was no judgment cancelling the note. Absent such a judgment, the plaintiff was entitled to the return of its property. Document Link