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Domenic D. Miele a/k/a Domenic Miele v. Wells Fargo Bank, N.A.

Date: 07-15-2015

Case Number: 4D14-873

Judge: Per Curiam

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

Plaintiff's Attorney: Donna L. Eng, Michael K. Winston and Dean A. Morande of Carlton Fields Jorden Burt, P.A., West Palm Beach, for appellee Wells Fargo Bank, N.A.

Defendant's Attorney: Barry Carothers of BC Law, Stuart, for appellant.

Description:
The appellant raises three issues in this mortgage foreclosure case. We find two issues have no merit, but we agree with the appellant that the trial court erred in its calculation of prejudgment interest.

The complaint alleged that the appellant defaulted on the note by failing to make the payment due on August 1, 2009, and all subsequent payments. The evidence introduced at trial indicated that the loan became due on August 1, 2009. However, the trial court calculated prejudgment interest from July 1, 2009. This was error. We reverse and remand for the trial court to recalculate prejudgment interest using the correct accrual date. We reject the appellant’s other arguments regarding calculation of prejudgment interest.

Outcome:
Affirmed in part, reversed in part, and remanded with instructions.

Plaintiff's Experts:
Defendant's Experts:
Comments:

About This Case

What was the outcome of Domenic D. Miele a/k/a Domenic Miele v. Wells Fargo Bank,...?

The outcome was: Affirmed in part, reversed in part, and remanded with instructions.

Which court heard Domenic D. Miele a/k/a Domenic Miele v. Wells Fargo Bank,...?

This case was heard in Florida Court of Appeal, Fourth District on appeal from the Circuit Court, Palm Beach County, FL. The presiding judge was Per Curiam.

Who were the attorneys in Domenic D. Miele a/k/a Domenic Miele v. Wells Fargo Bank,...?

Plaintiff's attorney: Donna L. Eng, Michael K. Winston and Dean A. Morande of Carlton Fields Jorden Burt, P.A., West Palm Beach, for appellee Wells Fargo Bank, N.A.. Defendant's attorney: Barry Carothers of BC Law, Stuart, for appellant..

When was Domenic D. Miele a/k/a Domenic Miele v. Wells Fargo Bank,... decided?

This case was decided on July 15, 2015.