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BOUMARATE v. HSBC BANK USA, N.A.

No. 5D12-1269.

109 So.3d 1239 (2013)

Abdallah BOUMARATE, et al., Appellant, v. HSBC BANK USA, N.A., etc., Appellee.

District Court of Appeal of Florida, Fifth District.

March 28, 2013.

Attorney(s) appearing for the Case

Richard W. Withers , Craig L. Lynd and Angela M. Domenech , of Kaufman, Englett, Lynd, PLLC, Orlando, for Appellant.

Kimberly N. Hopkins , of Shapiro, Fishman, and Gaché, LLP, Tampa, for Appellee.

GRIFFIN, J.

Abdallah Boumarate and Jennifer Bratchell-Boumarate ["Appellants"] appeal a summary final judgment entered by the trial court in favor of HSBC Bank, N.A. ["the Bank"] to foreclose a residential mortgage and recover on a promissory note executed in favor of Novelle Financial Services, Inc. in connection with the mortgage. The complaint contained both a count for foreclosure and a second count to re-establish a lost instrument (the note) pursuant to section...

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