MAGLOIRE v. BANK OF NEW YORK

No. 4D11-4540.

147 So.3d 594 (2014)

Morin MAGLOIRE and Germain Jean Claude, Appellants, v. The BANK OF NEW YORK as Trustee for the certificate holders CWABS, Inc. Asset-Backed Certificates, Series 2006-23, Appellee.

District Court of Appeal of Florida, Fourth District.

September 10, 2014.


Attorney(s) appearing for the Case

S. Tracy Long of Law Offices of S. Tracy Long, P.A., Deerfield Beach (withdrawn as counsel after filing brief); Morin Magloire and Germain Jean-Clause, Lauderdale Lakes, pro se.

Michael P. Bruning of Connolly, Geaney, Ablitt & Willard, P.C., West Palm Beach, for appellee.


PER CURIAM.

The homeowners appeal the trial court's order granting final summary judgment of foreclosure in favor of the bank. The homeowners argue that the trial court erred in granting the bank's motion for summary judgment after the trial court previously dismissed the case for lack of prosecution. We agree.

On October 10, 2008, the bank filed a mortgage foreclosure complaint based on a mortgage and note executed by the homeowners in September of 2006....

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