Your Construction Center v. Gordon R. Gross

This is an appeal by defendants from a trial court denial of their motion to dismiss plaintiff's complaint to foreclose a note and mortgage. The plaintiff, a trustee of Dominion Mortgage and Realty Trust, a Massachusetts business trust, brought suit to foreclose the note and mortgage as trustee. He is the sole payee on the note and mortgage. Defendants have argued that each trustee of the trust company should be named as plaintiff, and cite to Willey v. Hoggson, 90 Fla. 343, 106 So. 408 (1925): When parties having a joint interest in the subject-matter of litigation are not properly before the court, the appeal will be dismissed. 90 Fla. at 355, 106 So. at 412.