VERIZZO v. BANK OF NEW YORK

No. 2D08-4647.

28 So.3d 976 (2010)

David VERIZZO, Appellant, v. The BANK OF NEW YORK, as Successor Trustee Under Novastar Mortgage Funding Trust, Series 2006-3, Appellee.

District Court of Appeal of Florida, Second District.

March 3, 2010.


Attorney(s) appearing for the Case

David Verizzo, pro se.

Patricia A. Arango of Law Offices of Marshall C. Watson, P.A., Fort Lauderdale, for Appellee.


SILBERMAN, Judge.

David Verizzo, pro se, appeals a final judgment of foreclosure entered after the trial court granted the motion for summary judgment filed by the Bank of New York, as successor trustee under Novastar Mortgage Funding Trust, Series 2006-3 (the Bank). Because the Bank's summary judgment evidence was not timely served and filed and because a genuine issue of material fact remains, we reverse and remand for further proceedings.

The Bank filed...

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