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AMSTONE v. BANK OF NEW YORK MELLON

No. 2D14-5480.

182 So.3d 804 (2016)

Charles K. AMSTONE a/k/a Charles Kent Amstone and Carolyn B. Amstone, Appellants, v. The BANK OF NEW YORK MELLON f/k/a The Bank of New York, as Trustee for the Holders of the Certificates, First Horizon Mortgage Pass-Through Certificates Series (FHAMS 2006-FA8); By First Horizon Home Loans, a Division of First Tennessee Bank National Association, Master Servicer, in its Capacity as Agent for the Trustee Under the Pooling and Servicing Agreement, Appellee.

District Court of Appeal of Florida, Second District.

January 6, 2016.

Attorney(s) appearing for the Case

Dineen Pashoukos Wasylik of DPW Legal, Tampa, for Appellants.

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

Charles and Carolyn Amstone appeal the final summary judgment of foreclosure entered against them and in favor of The Bank of New York Mellon. The Amstones argue that the Bank failed to show that it had standing to foreclose and failed to refute their affirmative defenses. They claim that...

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