FAMILY HOMES OF AMERICA LLC v. BANK OF NEW YORK MELLON

No. 4D15-3363.

204 So.3d 518 (2016)

FAMILY HOMES OF AMERICA LLC, Appellant, v. The BANK OF NEW YORK MELLON f/k/a The Bank of New York, as Successor Trustee to JPMorgan Chase Bank, N.A., As Trustee for the Holders of Sami II Trust 2006-AR7, Mortgage Pass-Through Certificates, Series 2006-AR7; Teresa Smith Fernandez; Any and All Unknown Parties Claiming by, Through, Under and Against the Herein Named Individual Defendant(s) Who are not known to be Dead or Alive, Whether Said Unknown Parties May Claim an Interest as Spouses, Heirs, Devisees, Grantees, or other Claimants; Ford Motor Credit Company; Capital One Bank (USA), NA; State of Florida; Isles at Weston Homeowners' Association, Inc; Excaliber I LLC; Unknown Tenant #1 in Possession of the Property; and Unknown Tenant #2 in Possession of the Property, Appellees.

District Court of Appeal of Florida, Fourth District.

August 3, 2016.


Attorney(s) appearing for the Case

Juliana Gaita , Joshua M. Liszt , and Victoria A. Gonzalez of Gaita & Liszt, P.L., Boca Raton, for appellant.

Nancy M. Wallace and Michael J. Larson of Akerman LLP, Tallahassee, and William P. Heller of Akerman LLP, Fort Lauderdale, for appellee Bank of New York Mellon.


Affirmed. See Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150, 1152 (Fla.1979).

CIKLIN, C.J., LEVINE and FORST...

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