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BANK OF NEW YORK MELLON v. TORRES

No. 4D14-805.

174 So.3d 553 (2015)

The BANK OF NEW YORK MELLON, f/k/a The Bank of New York, as Trustee for the Certificateholders of CWABS Inc., Asset-Backed Certificates, SERIES 2006-26, Appellant, v. Jose TORRES, Appellee.

District Court of Appeal of Florida, Fourth District.

August 26, 2015.

Attorney(s) appearing for the Case

Anna B. Middleton of McCalla Raymer, LLC, Orlando, for appellant.

Peter Ticktin , Kendrick Almaguer and Michael S. Wickenhauser of The Ticktin Law Group, P.A., Deerfield Beach, for appellee.

Based on Bank of America, N.A. v. Lukas, 166 So.3d 965 (Fla. 4th DCA 2015), we reverse the involuntary dismissal in this case and remand to the circuit court for a new trial.

GROSS, DAMOORGIAN, JJ., and HERSCH, RICHARD L., Associate...

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