In McCampbell v. Fed. Nat'l Mortg. Ass'n, No. 2D16-177, (Fla. Dist. Ct. App. May 30, 2018), the Second District Court of Appeal upon consideration of the Appellant’s Motion for Rehearing and Appellee’s Motion for Rehearing, withdrew its prior opinion issued on February 14, 2018, and provided a substituted opinion on May 30, 2018. In the substituted opinion, the Second District Court of Appeal noted that since the oral argument was made, the Fourth District Court of Appeal clarified its prior holding in Rattigan v. Central Mortgage Co., 199 So. 3d 966 (Fla. 4th DCA 2016), and released a new opinion regarding loan modifications, Liukkonen v. Bayview Loan Servicing, LLC, No. 4D16-7193, 2018 WL 151740 at *2 (Fla. 4th DCA March 28, 2018). In Liukkonen, the Fourth District Court of Appeal held, “a copy of a modification is admissible to the same degree as an original, as it is not a negotable instrument as defined in section 673.1041.”
Accordingly, the Second District Court of Appeal has reversed and remanded for a new trial.