Dissent – Equity One, Inc. v. Shivers — 8/26/2013

McDONALD, J., dissenting. The majority determines that the record was sufficient to establish the standing of the plaintiff to bring the present foreclosure action. The record, however, does not actually reveal a single factual finding by the trial court or any evidence that affirmatively establishes the requisite facts necessary to support the plaintiff’s standing.

Instead, the majority’s conclusion rests on inferences from evidence in the record that is legally and factually insufficient from which to infer that the plaintiff established its rights at the dispositive point in time and on unwarranted assumptions that procedures under our
rules of practice necessarily must have been followed.

SC18775

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