BANK OF NEW YORK MELLON v. BLOEDEL

No. 2D15-1862.

197 So.3d 147 (2016)

The BANK OF NEW YORK MELLON f/k/a The Bank of New York, as Trustee for the Certificateholders of CWABS, Inc., Asset-Backed Certificates, Series 2005-BC5, Appellant, v. Theodore E. BLOEDEL, Jr., and Sue A. Bloedel, Appellees.

District Court of Appeal of Florida, Second District.

July 27, 2016.


Attorney(s) appearing for the Case

Erin M. Berger of Kelley Kronenberg, Tampa, for Appellant.

Leslie M. Conklin , Clearwater, for Appellee Theodore E. Bloedel, Jr.

No appearance for Appellee Sue A. Bloedel.


The Bank of New York Mellon appeals a final judgment denying foreclosure. Following the presentation of the Bank's case, borrower Theodore E. Bloedel, Jr. moved for involuntary dismissal of the action.1 The trial court determined that, as a result of the Bank's failure to comply with the provisions...

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