3
Shared Docs
3
Same-Page
3 / 3
Mentions
nvoluntarily dismissing the Trust's foreclosure complaint post-trial. The trial court entered final judgment against the Trust based exclusively on Appellees' expert witness who testified at trial that the Trust was not, and never had been, the holder of the subject note. We reverse because the trial cour
40,000. Orion Bank's loan was memorialized with a promissory note (the "Olsak Note"), and secured with a mortgage (the "Olsak Mortgage") encumbering Olsak's real property in Key West, Florida. After Olsak defaulted [".2] on the note and mortgage by failing to make a required installment payment, the T
merely legal conclusions of a party's expert. IV. Conclusion Because the record on appeal reflects that the trial court impermissibly relied upon Appellees' expert's legal conclusions, we reverse the trial court's final order involuntarily dismissing the Trust's claim, and remand for further proceedings
MICs. Interestingly, when Kahn was asked on cross-examination if an endorsed-in-blank note is a transferrable instrument, the trial court sustained Olsak's [** 6] objection that the question called for a legal conclusion. We are compelled to reverse the trial court's determination that the Trust lacke
nvoluntarily dismissing the Trust's foreclosure complaint post-trial. The trial court entered final judgment against the Trust based exclusively on Appellees' expert witness who testified at trial that the Trust was not, and never had been, the holder of the subject note. We reverse because the trial cour
40,000. Orion Bank's loan was memorialized with a promissory note (the "Olsak Note"), and secured with a mortgage (the "Olsak Mortgage") encumbering Olsak's real property in Key West, Florida. After Olsak defaulted [".2] on the note and mortgage by failing to make a required installment payment, the T
Entities connected to both Appellees and Olsak

Richard Kahn
PERSON
SHEPHERD
ORGANIZATIONC.J.
PERSONOlsak Note
ORGANIZATIONCarlton Fields Jorden Burt
PERSONMichael K. Winston
PERSONDean A. Morande
PERSONAlana Zorrilla-Gaston
PERSONW.J. Barnes
PERSONJeff Barnes
PERSONAppellee Martin Olsak
PERSONSCALES
ORGANIZATIONI. Facts
ORGANIZATIONOrion Bank's
ORGANIZATIONMonroe County Circuit Court
ORGANIZATIONThe Olsak Note
ORGANIZATIONthe Olsak Mortgage
ORGANIZATION
Boca Raton
LOCATIONKey West
LOCATION