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PINO v. BANK OF NEW YORK MELLON

No. 4D10-378.

57 So.3d 950 (2011)

Roman PINO, Appellant, v. The BANK OF NEW YORK MELLON, Appellee.

District Court of Appeal of Florida, Fourth District.

March 30, 2011.

Attorney(s) appearing for the Case

Enrique Nieves III and Chris T. Immel of Ice Legal, P.A., West Palm Beach, for appellant.

Nancy M. Wallace , Katherine E. Giddings and William P. Heller of Akerman Senterfitt, Tallahassee and Fort Lauderdale, for appellee.

EN BANC.

ON MOTION FOR CLARIFICATION

WARNER, J.

We grant the motion for clarification, withdraw our previously issued opinion and substitute the following in its place.

The defendant in a mortgage foreclosure action filed by BNY Mellon appeals a trial court's denial of his motion under Florida Rule of Civil Procedure 1.540(b) to vacate a voluntary dismissal. The notice was filed after the defendant moved for sanctions against the plaintiff for filing...

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