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MILLER v. BANK OF NEW YORK MELLON

No. 4D15-36.

189 So.3d 359 (2016)

Donald MILLER and Mary T. Miller, Appellants, v. The BANK OF NEW YORK MELLON f/k/a The Bank of New York, as Trustee for the Certificate Holders of CWMBS, Inc., CHL Mortgage Pass-Through Trust 2006-8, Mortgage Pass-Through Certificates, Series 2006-8, Bank of America, N.A., successor by merger to Countrywide Bank, FSB f/k/a Countrywide Bank, N.A., Ocean Pearl II Homeowner's Association, Inc., Unknown Tenant #1, and Unknown Tenant #2, Appellees.

District Court of Appeal of Florida, Fourth District.

April 27, 2016.

Attorney(s) appearing for the Case

Shirlarian N. Williams , Peter Ticktin and Kendrick Almaguer of The Ticktin Law Group, P.A., Deerfield Beach, for appellants.

J. Kirby McDonough and S. Douglas Knox of Quarles & Brady LLP, Tampa, for appellees The Bank of New York Mellon f/k/a The Bank of New York Mellon As Trustee for the certificate holders of CWMBS, Inc., CHL Mortgage Pass-Through Trust 2006-8, Mortgage Pass-Through Certificates, Series 2006-8.

ON MOTION FOR REHEARING

On consideration of Appellee's motion for rehearing, the Court denies the motion, withdraws the opinion filed March 2, 2016, and substitutes the following opinion in its place.

Appellants, Donald and Mary Miller, appeal a final judgment of foreclosure in favor of The Bank of New York Mellon...

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