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BANK OF NEW YORK MELLON v. WITHUM

No. 4D15-1986.

204 So.3d 136 (2016)

BANK OF NEW YORK MELLON f/k/a Bank of New York, as Trustee for the Certificateholders CWALT, Inc., Alternative Loan Trust 2006-9T1 Mortgage Pass-through Certificates, Series 2006-9T1, Appellant, v. David G. WITHUM, Jessica A. Withum, Unknown Tenant # 1, and Unknown Tenant # 2, Appellees.

District Court of Appeal of Florida, Fourth District.

November 16, 2016.

Attorney(s) appearing for the Case

Christopher P. Hahn of Maurice Wutscher LLP, Miami, for appellant/cross-appellee.

Terrence P. O'Connor of Morgan, Carratt and O'Connor, Fort Lauderdale, for appellees/cross-appellants David G. Withum and Jessica A. Withum.

Appellant Bank of New York Mellon ("Bank") appeals the trial court's final order in favor of appellees David and Jessica Withum ("Borrowers"). After a non-jury trial, the trial court entered judgment for Borrowers because Bank failed to satisfy the condition precedent of complying with Paragraph 22 of the mortgage. For the reasons...

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