US Bank v. Fleck

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT US BANK, NATIONAL ASSOCIATION, ) IN ITS CAPACITY AS TRUSTEE FOR ) THE RMAC TRUST, SERIES 2013-IT, ) ) Appellant, ) ) v. ) Case No. 2D16-761 ) STANLEY R. FLECK, ) ) Appellee. ) ) Opinion filed December 28, 2016. Appeal from the Circuit Court for Manatee County; Gilbert A. Smith, Jr., Judge. Melissa A. Giasi of Kass Shuler, P.A., Tampa, for Appellant. Amy K. Kenyon of Kenyon Law Group, P.L.L.C., Sarasota, for Appellee. PER CURIAM. The final judgment on appeal is reversed and remanded for reconsideration in light of the supreme court's opinion in Bartram v. U.S. Bank National Ass'n, 41 Fla. L. Weekly S493 (Fla. Nov. 3, 2016). The trial court did not have the benefit of this opinion when it rendered its final judgment. Reversed; remanded with instructions. VILLANTI, C.J., and KHOUZAM and BADALAMENTI, JJ., Concur. -2-