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McCOLMAN v. DEUTSCHE BANK NAT. TRUST CO.

No. 4D12-2188.

112 So.3d 668 (2013)

William E. McCOLMAN and Caridad McColman, Appellants, v. DEUTSCHE BANK NATIONAL TRUST COMPANY, As Trustee In Trust for the Benefit of the Certificateholders for Asset-Backed Pass-Through Certificates, Series 2003-AR3, JPMorgan Chase Bank, N.A., Bank United Successor by Merger to BankUnited, FSB; Cypress Creek Property Owners Association, Inc., and Unknown Person(s) in Possession of the Subject Property, Appellees.

District Court of Appeal of Florida, Fourth District.

May 1, 2013.

Attorney(s) appearing for the Case

Thomas Erskine Ice of Ice Appellate, Royal Palm Beach, for appellants.

H. Michael Muniz of Kahane & Associates, P.A., Plantation, for appellee Deutsche Bank National Trust Company.

STONE, BARRY J., Senior Judge.

Defendants (McColmans) appeal a summary final judgment and an order denying rehearing in a mortgage foreclosure. We affirm.

The action was filed in mid-2009. The McColmans filed a motion to dismiss which was denied on May 9, 2011, the court giving the McColmans twenty days to answer. No answer or other paper was served or filed by the McColmans after the May 9 order. In July of 2011, the plaintiff (Bank) moved the court to enter...

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