Date: 10-08-2014

Case Style: Kenneth Cannato v. HSBC Bank USA

Case Number: 4D13-3007

Judge: Per Curiam

Court: Florida Court of Appeal, Fourth District on appeal from the Circuit Court, Broward County

Plaintiff's Attorney: MaryEllen Farrell and Dean Morande of Carlton Fields Jorden Burt, P.A., West Palm Beach, for appellee.

Defendant's Attorney: Bruce K. Herman of The Herman Law Group, P.A., Fort Lauderdale, for appellants.

Description: Kenneth and Diana Cannato appeal from a final summary judgment of foreclosure. The Cannatos argue that there remains a genuine issue of material fact as to whether HSBC Bank had standing at the time it filed the foreclosure complaint. HSBC Bank concedes this argument has merit. We agree with the parties that there is still a genuine issue of material fact as to this issue. Accordingly, we reverse the entry of final summary judgment and remand for further proceedings.

Outcome: Reversed and Remanded.

Plaintiff's Experts:

Defendant's Experts:

Comments: