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BANK OF NEW YORK MELLON v. NUNEZ

No. 3D15-83.

180 So.3d 160 (2015)

BANK OF NEW YORK MELLON, Appellant, v. Magaly NUNEZ and Francisco Valdes, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 28, 2015.

Attorney(s) appearing for the Case

Quarles & Brady, LLP, and J. Kirby McDonough and S. Douglas Knox , Tampa, for appellant.

Law Offices La Ley con John H. Ruiz, P.A., and John H. Ruiz and Christine M. Lugo , for appellees.

Before SHEPHERD, ROTHENBERG, and SCALES, JJ.

Bank of New York Mellon ("the Bank") appeals from an order involuntarily dismissing without prejudice its foreclosure action filed against Magaly Nunez and Francisco Valdes ("the defendants") based on the Bank's failure to satisfy conditions precedent to the filing of the foreclosure action as set forth in paragraph 22 of the defendants...

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