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BANK OF NEW YORK MELLON v. SPERLING

No. 4D15-4207.

201 So.3d 697 (2016)

The BANK OF NEW YORK MELLON f/k/a The Bank of New York, as Successor to JPMorgan Chase Bank, N.A., as Trustee for Holders of Sami II Trust 2006-AR7, Appellant, v. Benjie SPERLING, as third-party purchaser, Atlantic Ocean Club Condominium Apartments, Inc., a Florida not for profit corporation, Tara Escobar, Edgar Escobar, and Mortgage Electronic Registration Systems, Inc., as Nominee for Aegis Wholesale Corp., Appellees.

District Court of Appeal of Florida, Fourth District.

August 24, 2016.

Attorney(s) appearing for the Case

Amanda Star Frazer and Beverly A. Pohl of Broad and Cassel, Miami and Fort Lauderdale, for appellant.

Jeffrey B. Smith of Jeffrey B. Smith, P.A., Fort Lauderdale, for appellee Benjie Sperling.

K. Joy Mattingly of Becker & Poliakoff, P.A., Miramar, for appellee Atlantic Ocean Club Condominium Apartments, Inc.

Bank of New York Mellon ("Bank"), appeals an order denying its motion to vacate a final judgment of foreclosure entered following a default. We have jurisdiction and reverse. Fla. R. App. P. 9.130(a)(5).

The final judgment of foreclosure entered in favor of Atlantic Ocean Club Condominium Apartments, Inc. ("Atlantic"), against the Bank...

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