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BANK OF NEW YORK MELLON v. SWAIN

Case No. 5D16-139.

217 So.3d 226 (2017)

BANK OF NEW YORK MELLON f/k/a Bank of New York, as Trustee FOR the CERTIFICATEHOLDERS OF the CWABS, INC., Asset-Backed Certificates, Series 2007-2, Appellant, v. Joseph A. SWAIN and Victoria Swain, Appellees.

District Court of Appeal of Florida, Fifth District.

Opinion filed April 21, 2017.

Attorney(s) appearing for the Case

Roy A. Diaz , of SHD Legal Group, P.A., Fort Lauderdale, for Appellant.

Mark P. Stopa , of Stopa Law Firm, LLC, Tampa, and Latasha Scott , of Lord Scott, PLLC, Tampa, for Appellees.

Bank of New York Mellon ("the Bank") appeals from an order granting a "motion to adjudicate finality" that purported to enter final summary judgment of foreclosure in favor of Joseph and Victoria Swain ("the Swains"). This order followed a written order issued several months earlier, which granted summary judgment in...

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