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BENOIT v. BANK OF NEW YORK MELLON

No. 4D09-898.

18 So.3d 731 (2009)

Marie Lourdes BENOIT, Lorrel Benoit and Barbara Benoit, et al., Appellants, v. The BANK OF NEW YORK MELLON, as Successor Trustee Under Novastar Mortgage Funding Trust, Series 2005-4, Appellee.

District Court of Appeal of Florida, Fourth District.

October 14, 2009.

Attorney(s) appearing for the Case

Megan Carraher and Joshua Bleil of The Ticktin Law Group, P.A., Deerfield Beach, for appellants Marie Lourdes Benoit, Lorrel Benoit and Barbara Benoit.

Maureen G. Pearcy of Hinshaw & Culbertson, L.L.P., Miami, for appellee.

PER CURIAM.

This is an appeal of a summary final judgment of foreclosure. A confession of error has been filed by The Bank of New York Mellon, as Successor Trustee Under Novastar Mortgage Funding Trust, Series 2005-4. Accordingly, the summary final judgment is reversed and the cause remanded for further proceedings.

WARNER, FARMER and HAZOURI...

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