BANK OF NEW YORK MELLON v. THOMPSON

Case No. 5D16-3372.

230 So.3d 638 (2017)

BANK OF NEW YORK MELLON f/k/a Bank of New York Successor Trustee to JP Morgan Chase Bank, N.A., as Trustee FOR the BEAR STEARNS ARM TRUST, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2003-7, Appellant, v. William M. THOMPSON, Sheri Thompson, Reserve at Tuscawilla Community Association, Inc., Jupiter House, LLC, E*Trade Bank, Appellees.

District Court of Appeal of Florida, Fifth District.

Opinion filed December 8, 2017.


Attorney(s) appearing for the Case

Adam M. Topel , of Liebler, Gonzalez & Portuondo, Miami, for Appellant.

Mark P. Stopa , of Stopa Law Firm, Tampa, for Appellee, Jupiter House, LLC.

No Appearance for Other Appellees.


Appellant challenges the lower court's order that involuntarily dismissed its foreclosure case against Appellees. The lower court concluded that Appellant failed to establish its standing to foreclose and the superiority of its lien. We reverse.

Appellant is correct that the lower court erred in its conclusion regarding standing.

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