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BURDESHAW v. BANK OF NEW YORK MELLON

No. 1D13-2703.

148 So.3d 819 (2014)

Lloyd Steve BURDESHAW and Teresa Burdeshaw, Appellants, v. The BANK OF NEW YORK MELLON (fka The Bank of New York), as Trustee for Mastr Alternative Loan Trust 2006-2, Mortgage Pass-Through Certificates, Series 2006-2, Appellee.

District Court of Appeal of Florida, First District.

October 13, 2014.

Attorney(s) appearing for the Case

Jeffrey P. Whitton , Panama City, for Appellant.

Tricia Julie Duthiers , Juan A. Gonzalez and Frank P. Cuneo of Liebler, Gonzalez & Portuondo, Miami, for Appellee.

CLARK, J.

The Burdeshaws appeal the final judgment of foreclosure in favor of The Bank of New York Mellon ("BNYM"), contending that the evidence to support the amount of indebtedness was inadmissible hearsay and thus, no admissible evidence supported the trial court's determination of the amount due. In addition to reversal of the final judgment, the Burdeshaws seek remand of this case with instructions to dismiss, based on a meritorious motion pursuant to rule 1...

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