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COUNTRYWIDE HOME LOANS, INC. v. BURNETTE

Nos. 1D14-728, 1D14-4044.

177 So.3d 1032 (2015)

COUNTRYWIDE HOME LOANS, INC.; Bank of America, N.A., Successor by Merger to BAC Home Loanservicing, LP f/k/a Countrywide Home Loans Servicing, LP; RBS Financial Products, Inc. f/k/a Greenwich Capital Financial Products, Inc.; Mortgage Electronic Registration System, Inc., (Mers); and U.S. Bank National Association, as Trustee For The Case No.2013-Ca-000992 Benefit Of Harborview 2005-16-Trust Fund, Appellants, v. Wayne R. BURNETTE, Appellee. Wayne R. Burnette, Appellant, v. Countrywide Home Loans, Inc.; Bank of America, N.A., Successor by Merger to BAC Home Loan Servicing, LP f/k/a Countrywide Home Loans Servicing, LP; RBS Financial Products, Inc. f/k/a Greenwich Capital Financial Products, Inc.; Mortgage Electronic Registration System, Inc. (Mers); and, U.S. Bank National Association, as Trustee for the Benefit of Harborview 2005-16 Trust Fund, Appellees.

District Court of Appeal of Florida, First District.

October 30, 2015.

Attorney(s) appearing for the Case

James Randolph Liebler and Kristen A. Tajak of Liebler, Gonzalez & Portuondo, Miami, for Appellants.

George M. Gingo and James E. Orth, Jr. , Titusville, for Appellee.

Countrywide Home Loans, Inc. ("Countrywide"), filed a mortgage foreclosure action against Wayne Burnette ("Burnette") in October 2007 after deeming him in default on an $825,000 promissory note and accelerating the loan, but then voluntarily dismissed the action without prejudice in July 2011. When Countrywide did not file a new complaint...

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