Carrington Mortgage Services, LLC, et al.,Appellees.
Appeals from the Circuit Court for Miami-Dade County, Mavel Ruiz,Judge.
Murline Gelin, in proper person.
Greenspoon Marder LLP, and Dariel J. Abrahamy (Boca Raton), forappellee Carrington Mortgage Services LLC.
Before LINDSEY, LOBREE and GOODEN, JJ.
PER CURIAM.
Original opinion page 2
2Affirmed. See Singleton v. Greymar Assoc., 882 So. 2d 1004, 1008(Fla. 2004) (“[T]he subsequent and separate alleged default created a newand independent right in the mortgagee to accelerate payment on the notein a subsequent foreclosure action.”); Hines v. New Urban Pine Rd. LLC, 239So. 3d 750, 751 (Fla. 3d DCA 2018) (“This unbroken chain [of assignments]was sufficient evidence to establish [mortgagee’s] standing to foreclose onthe home.”); see also Rodriguez v. Falcones, 314 So. 3d 469, 472 (Fla. 3dDCA 2020) (showing of due diligence is required under rule 1.5410(b));Cleveland v. Crown Fin., LLC, 212 So. 3d 1065, 1069 (Fla. 1st DCA 2017)(“Relief from judgment based on newly discovered evidence claim should beseldom granted and only when the party seeking relief has exercised duediligence. It is the movant’s burden under rule 1.540(b) to establish theexercise of due diligence. It is not sufficient to merely show that the evidencewas not known or discovered by counsel prior to trial. Rather, the movantmust make his or her vigilance apparent.” (internal citations omitted));Rusniaczek v. Tableau Fine Art Grp., Inc., 139 So. 3d 355, 357 (Fla. 3d DCA2014) (holding that “[i]n order to warrant an evidentiary hearing, a rule1.540(b)(3) motion must specify the essential facts of the purported fraudand not merely assert legal conclusions.”).
Opinion text and original PDF from Florida Third District Court of Appeal · Source opinion