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BANK OF NEW YORK MELLON v. P2D2, LLC

No. 2D11-3661.

100 So.3d 205 (2012)

BANK OF NEW YORK MELLON, f/k/a The Bank of New York, as Trustee for the Certificate Holders CWALT, Inc., Alternative Loan Trust 2005-20CB, Mortgage Pass-Through Certificates, Series 2005-20CB, Appellant, v. P2D2, LLC, a Florida limited liability company, Appellee.

District Court of Appeal of Florida, Second District.

October 31, 2012.

Attorney(s) appearing for the Case

Roy A. Diaz and Diana B. Matson of Smith, Hiatt & Diaz, P.A., Fort Lauderdale, for Appellant.

Courtney L. Fish and Ronald W. Gregory of Englander Fischer, St. Petersburg, for Appellee.

VILLANTI, Judge.

Bank of New York Mellon appeals two orders entered by the trial court: (1) an order denying the Bank's motion to vacate default as to Count I of the Complaint, and (2) an order granting summary judgment on Count III1 of the Complaint in favor of P2D2, LLC, and against the Bank. We affirm the trial court's order denying the Bank's motion to vacate default as to Count I. But we...

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