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BAY HOLDINGS v. 2000 IS. BLVD. CONDO. ASS'N

No. 3D04-1851.

895 So.2d 1197 (2005)

BAY HOLDINGS, INC., et al., Appellant, v. 2000 ISLAND BOULEVARD CONDO. ASS'N, etc., et al., Appellee.

District Court of Appeal of Florida, Third District.

February 23, 2005.

Attorney(s) appearing for the Case

Camner, Lipsitz and Poller, P.A., and Neale J. Poller and Bruce Jacobs (Coral Gables), for appellant.

Phillips, Eisinger & Brown, P.A., and Jed L. Frankel (Hollywood), for appellee.

Before COPE, WELLS and SHEPHERD, JJ.

SHEPHERD, J.

Bay Holdings, Inc., a wholly-owned subsidiary of Bank United FSB, appeals an adverse judgment below holding that it does not come under the safe harbor provision of section 718.116(1) of the Florida Statutes. Bay Holdings was the subsequent assignee of a final judgment of foreclosure obtained by Bank United, after Bank United became the foreclosing first mortgagee on a condominium unit in Miami-Dade County, Florida. Section 718.116(1) provides a statutory...

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