BOLLETTIERI RESORT VILLAS v. THE BANK

No. 2D15-3186.

198 So.3d 1140 (2016)

BOLLETTIERI RESORT VILLAS CONDOMINIUM ASSOCIATION, INC., Appellant, 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 Pass-Through Certificates Series FHAMS 2007-FA4, 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, and Barry Graham, Appellees.

District Court of Appeal of Florida, Second District.

August 26, 2016.


Attorney(s) appearing for the Case

Shawn G. Brown of Redding & Brown, PLLC, Tampa, for Appellant.

Nancy M. Wallace and Ryan D. O'Connor of Akerman LLP, Tallahassee; William P. Heller of Akerman LLP, Fort Lauderdale; Celia C. Falzone of Akerman LLP, Jacksonville; and Paul W. Ettori of Akerman LLP, Orlando, for Appellee, The Bank of New York Mellon.

No appearance for Appellee, Barry Graham.


Bollettieri Resort Villas Condominium Association, Inc., appeals the final judgment of foreclosure entered in favor of Bank of New York Mellon (the bank). We affirm on all issues but write only to address the sufficiency of the bank's second foreclosure complaint.

On May 24, 2007, Barry Graham executed and delivered a promissory...

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