IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
v. Case No. 5D14-4078
FEDERAL NATIONAL MORTGAGE
ASSOCIATION, ETC., ET AL.,
Opinion filed December 4, 2015
Appeal from the Circuit Court
for Osceola County,
Robert J. Pleus, Jr., Senior Judge.
Melissa Alfonso, of My Law Solution, P.A.,
Orlando, for Appellant.
Nicole R. Ramirez, of eXL LEGAL, PLLC,
St. Petersburg, for Appellee Federal
National Mortgage Association.
No Appearance for other Appellees.
Juan Figueroa (“Appellant”) appeals the trial court’s entry of an in rem final
judgment of foreclosure in favor of Federal National Mortgage Association (“Fannie
Mae”). Appellant argues that the trial court erred in denying his motion for involuntary
dismissal because Fannie Mae failed to reestablish the lost note, prove its standing to
foreclose on the note, prove the amount owed on the note, and did not prove compliance
with a condition precedent listed in paragraph 22 of the mortgage. No documents were
placed in evidence and the sole witness presented on behalf of Fannie Mae lacked
sufficient knowledge to testify with regard to most of the subjects relevant to trial. As
there is no competent, substantial evidence to support the judgment, we reverse and
order the trial court to involuntarily dismiss the case. We will issue a separate order
granting Appellant’s motion for appellate attorney’s fees and costs.