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HSBC BANK USA, NAT. ASS'N v. NIXON

No. 4D11-3038.

117 So.3d 430 (2012)

HSBC BANK USA, NATIONAL ASSOCIATION, as trustee for Deutsche Alt-A Securities, Inc., Mortgage Loan Trust, Mortgage Pass Through Certificates Series 2006-AR3, Appellant, v. Marie NIXON, Michael Nixon Cross Media Marketing Corporation, Inc., Javier Parraguire; John Doe and Jane Doe as tenants in possession of the subject property, and 3L Real Estate, LLC, Appellees.

District Court of Appeal of Florida, Fourth District.

December 19, 2012.

Attorney(s) appearing for the Case

Justin C. Leto of The Leto Law Firm, Miami, for appellant.

Jonathan J. Alfonso of Wesoloski Carlson, P.A., Miami, and Dinah Stein of Hicks, Porter, Ebenfeld & Stein, P.A., Miami, for appellee 3L Real Estate, LLC.

ON MOTION FOR REHEARING

CONNER, J.

We grant 3L Real Estate's motion for rehearing, withdraw our previous opinion, and substitute this opinion in its place.

HSBC Bank USA ("HSBC") appeals the denial of its motion to vacate a foreclosure sale, contending the trial court failed to adhere to the requirements of section 45.031, Florida Statutes (2012), for publication of the notice of sale. HSBC also contends on appeal that the trial court erred...

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