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BANK OF NEW YORK MELLON v. KOSSIS

No. 4D12-3855.

165 So.3d 793 (2015)

The BANK OF NEW YORK MELLON f/k/a the Bank of New York, as Trustee for The Certificateholders CWMBS, Inc., CHL Mortgage Pass-Trough Trust 2006-HYB 2 Mortgage Pass-Trough Certificates, Series 2006-HYB 2, Appellant, v. Jeffrey KOSSIS, Marlene Kossis, Meadows on the Green Condominium Association, Inc., The 300 Property Owners Association, Inc., and Unknown Tenant in Possession of the Subject Property, Appellees.

District Court of Appeal of Florida, Fourth District.

May 27, 2015.

Attorney(s) appearing for the Case

Karene Lynn Tygenhof and Wm. David Newman, Jr. , of Choice Legal Group, P.A., Fort Lauderdale, and substituted as counsel after filing of initial brief, Shaib Rios of Brock & Scott, PLLC, Fort Lauderdale, for appellant.

Peter Ticktin , Josh Bleil , Kendrick Almaguer and Nusrat Aziz of The Ticktin Law Group, P.A., Deerfield Beach, for appellees Jeffrey Kossis and Marlene Kossis.

The bank appeals from the circuit court's order dismissing the bank's foreclosure action without prejudice as a sanction for the bank's failure to comply with a discovery order. The bank primarily argues the court erred by dismissing the action without the requisite written findings of fact to support such a sanction. We agree with that...

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