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BANK OF N.Y. v. MOORINGS AT EDGEWATER

No. 2D10-4792.

79 So.3d 164 (2012)

BANK OF NEW YORK as Trustee for the Certificateholders CWMBS, Inc., CHL Mortgage Pass-Through trust 2006-OA5 Mortgage Pass-Through Certificates, SERIES 2006-OA5, Appellant, v. The MOORINGS AT EDGEWATER CONDOMINIUM ASSOCIATION, INC., Successor by Merger with the Moorings at Edgewater II Condominium Association, Inc.; Cynthia Jo Payton; Unknown Tenant I n/k/a Janet Ross; Household Finance Corporation III; Countrywide Home Loans, Inc. d/b/a America's Wholesale Lender; and any unknown heirs, devisees, grantees, creditors, and other unknown persons or unknown spouses claiming by, through and under any of the above-named Defendants, Appellees.

District Court of Appeal of Florida, Second District.

February 8, 2012.

Attorney(s) appearing for the Case

Thomasina F. Moore and Dennis W. Moore of Butler & Hosch, P.A., Orlando, for Appellant.

Scott K. Peterson of Becker & Poliakoff, P.A., Sarasota, for Appellee The Moorings at Edgewater Condominium Association, Inc.

No appearance for remaining Appellees.

KHOUZAM, Judge.

The Bank of New York (Bank) appeals the circuit court's order imposing sanctions for contempt on the Bank as well as the Bank's counsel following The Moorings at Edgewater Condominium Association's (Association) motion for contempt and sanctions in this foreclosure case. We reverse and remand because the circuit court imposed sanctions for indirect criminal contempt without complying with the procedural requirements...

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