BEAUMONT v. BANK OF NEW YORK MELLON

No. 5D10-3471.

81 So.3d 553 (2012)

Marc D. BEAUMONT, Appellant, v. BANK OF NEW YORK MELLON, etc., Appellee.

District Court of Appeal of Florida, Fifth District.

February 17, 2012.


Attorney(s) appearing for the Case

Marc D. Beaumont , Port Orange, pro se.

Todd A. Armbruster of Moskowitz, Mandell, Salim & Simowitz, P.A., Fort Lauderdale, for Appellee.


PER CURIAM.

Marc D. Beaumont appeals a final summary judgment entered by the trial court on a claim to foreclose a residential mortgage and recover on a promissory note executed in connection with the mortgage. We reverse.

The final summary judgment in this case was entered in favor of Novastar Home Mortgage, Inc. ("Novastar"), a nonparty to the suit because of its prior withdrawal from the case. It is fundamental error to enter judgment in favor of a nonparty...

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