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BANK OF NEW YORK MELLON v. DEPIERO

No. 1D15-3065.

178 So.3d 552 (2015)

The BANK OF NEW YORK MELLON fka The Bank of New York, as Trustee for the Certificate Holders CWABS Inc., Asset-Backed Certificates, Series 2006-23, Appellant, v. Michael DEPIERO and Joyce Depiero, Appellees.

District Court of Appeal of Florida, First District.

December 16, 2015.

Attorney(s) appearing for the Case

Nicholas R. Cavallaro of Gilbert Garcia Group, P.A., Tampa, for Appellant.

Thomas R. Pycraft, Jr. , John J. Spence , David D. Naples, Jr. , and Michael J. Pelkowski of Pycraft Law LLC, St. Augustine, for Appellees.

This is an appeal of an order denying Appellant's motion to vacate a final judgment of dismissal without prejudice. Appellant argues the trial court erred in denying the motion to vacate without conducting an evidentiary hearing or considering the appropriate factors set forth in Kozel v. Ostendorf, 629 So.2d 817

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