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LURTZ v. BANK OF NEW YORK MELLON

No. 4D13-2251.

162 So.3d 11 (2014)

Mark LURTZ, Appellant, v. The BANK OF NEW YORK MELLON f/k/a The Bank of New York As Trustee For the Certificate holders CWalt, Inc. Alternative Loan Trust 2005-56 Mortgage Pass-Through Certificates, Series 2005-56, Appellee.

District Court of Appeal of Florida, Fourth District.

March 12, 2014.

Attorney(s) appearing for the Case

Dustin A. Zacks of King, Nieves & Zacks, PLLC, West Palm Beach, for appellant.

Brian K. Hole and Katherine M. Joffe of Holland & Knight LLP, Fort Lauderdale, for appellee.

ON CONFESSION OF ERROR

Appellant argues on appeal that the trial court erred in conducting a foreclosure trial before the case was at issue, in contravention to Florida Rule of Civil Procedure 1.440(a). Rule 1.440(a) states that "[a]n action is at issue after any motions directed to the last pleading served have been disposed...

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