FIGUEROA v FANNIE MAE ETC., ET AL., | FL 5DCA - 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.

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

JUAN FIGUEROA, Appellant, v.                                     Case No. 5D14-4078 FEDERAL NATIONAL MORTGAGE ASSOCIATION, ETC., ET AL., Appellees. ________________________________/ 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. EDWARDS, J. 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. [...]