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BANK OF NEW YORK TRUST CO., N.A. v. RODGERS

No. 3D10-1852.

79 So.3d 108 (2012)

The BANK OF NEW YORK TRUST COMPANY, N.A., as successor to JPMorgan Chase Bank, N.A., as trustee, Appellant, v. George H. RODGERS and Caroline J. Rodgers, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 23, 2012.

Attorney(s) appearing for the Case

Florida Default Law Group and Erin M. Berger , Tampa; Roberta Kohn , Wesley Chapel , for appellant.

Mortimer H. Kass , Village of Palmetto Bay, for appellee Caroline J. Rodgers.

Before SHEPHERD and EMAS, JJ., and SCHWARTZ, Senior Judge.

SCHWARTZ, Senior Judge.

The plaintiff, designated as the Bank of New York Trust Company, N.A., as successor to JPMorgan Chase Bank, N.A., as trustee, the alleged holder of a note and mortgage, seeks review of a final judgment in favor of the defendants mortgagors borrowers in an action to re-establish the note (which was lost, having disappeared in the bowels of the clerk's office after being filed in a prior proceeding)...

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