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BANK OF NEW YORK MELLON v. REYES

No. 3D12-1900.

126 So.3d 304 (2013)

The BANK OF NEW YORK MELLON, as Successor Trustee under Novastar Mortgage Funding Trust, Series 2005-I, Appellant, v. Miguel REYES, Desiree Reyes and Michel Reyes, et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 19, 2013.

Attorney(s) appearing for the Case

Akerman Senterfitt, Nancy M. Wallace , Katherine E. Giddings and Michael J. Larson , Tallahassee, and William P. Heller , Eric S. Matthew and Marc Gottlieb , Ft. Lauderdale, for appellant.

Michel Reyes, in proper person; Donald R. Kerner , Miami, for appellees Miguel Reyes and Desiree Reyes, for appellee.

Before WELLS, C.J., and SUAREZ and FERNANDEZ, JJ.

WELLS, Chief Judge.

The Bank of New York Mellon, as Successor Trustee under Novastar Mortgage Funding Trust 2005-1, appeals from the denial of its Florida Rule of Civil Procedure 1.540(b) motion to set aside a default final judgment nullifying an unpaid promissory note. Because we conclude that the default final judgment is void, we reverse.

This action was commenced on April 28, 2009, when the Bank filed a simple four-page complaint to foreclose a mortgage...

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