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DESYLVESTER v. BANK OF NEW YORK MELLON

Case No. 2D15-5053.

219 So.3d 1016 (2017)

John DESYLVESTER, Appellant, v. The BANK OF NEW YORK MELLON f/k/a the Bank of New York, as Trustee, ON BEHALF OF the HOLDERS OF the ALTERNATIVE LOAN TRUST 2005-62, MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2005-62; Joy Freeman; Mortgage Electronic Registration Systems, Inc., as Nominee for Esecond Mortgage.com in DBA Dollar Realty Mortgage; Harbour Walk Homeowners' Association, Inc.; The Inlets at Riverdale, Inc.; and Tenant, Appellees.

District Court of Appeal of Florida, Second District.

June 14, 2017.

Attorney(s) appearing for the Case

David W. Smith , Law Office of David W. Smith, Sarasota, for Appellant.

Sarah T. Weitz , of Weitz & Schwartz, P.A., Fort Lauderdale, for Appellee, The Bank of New York Mellon.

No appearance by remaining Appellees.

BY ORDER OF THE COURT:

Appellant's motion for rehearing and certification filed March 9, 2017, is granted only to the extent that this court's opinion dated February 22, 2017, is withdrawn and the attached opinion is issued in its place. No further motions for rehearing will be entertained.

I HEREBY CERTIFY THE FOREGOING IS A TRUE COPY OF THE ORIGINAL COURT ORDER.

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