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BANK OF NEW YORK v. CALLOWAY

No. 4D13-2224.

157 So.3d 1064 (2015)

BANK OF NEW YORK, as Trustee for the Noteholders Cwabs Inc., Asset Backed Notes Series 2006-SD4006-SD4, Appellant, v. Andrew CALLOWAY, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 3, 2015.

Attorney(s) appearing for the Case

Erin M. Berger of Kelley Kronenberg, Tampa, for appellant.

Donna Greenspan Solomon of Solomon Appeals, Mediation & Arbitration, Fort Lauderdale and Roy D. Oppenheim , Geoffrey E. Sherman and Jacquelyn K. Trask of Oppenheim & Pilelsky, Weston, for appellee.

Appellant Bank of New York, as trustee for the Noteholders CWABS Inc., Asset Backed Notes Series 2006-SD4006-SD4 ("Bank of New York"), appeals the trial court's order involuntarily dismissing its foreclosure action. Bank of New York maintains that the trial court abused its discretion in excluding the Borrower...

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