Florida's Third District Court of Appeal issued an opinion
today that highlights the perils of de novo review. De novo
review is the broadest standard of review for an appellate court,
reserved for construing pure matters of law, and is often an
appellant's best opportunity for reversal. In Deutsche
Bank National Trust Company v. de Brito, Case No. 3D16-1466 (Fla.
3d DCA November 8, 2017), the court reversed a post-trial order of
involuntary dismissal in a mortgage foreclosure action.
Why? Because under the de novo standard of review, the court
was allowed to review the facts and evidence anew, and determined
that the trial court was wrong in concluding that the bank's
witness testimony concerning business records was hearsay.
The court also determined that the key defense prompting the
dismissal–the failure of the bank to provide notice of a rate
increase–was never actually plead by the
defendants. This opinion highlights the inherent risks
of defending an
