GUTIERREZ v. BANK OF NEW YORK MELLON

No. 3D17-98.

239 So.3d 1272 (2018)

Alma R. GUTIERREZ and Raul Touzon, Appellants, v. The BANK OF NEW YORK MELLON, etc., Appellee.

District Court of Appeal of Florida, Third District.

Opinion filed March 21, 2018.


Attorney(s) appearing for the Case

Benitez & Associates and Leo Benitez and Lizette Benitez , for appellants.

McGuireWoods LLP and Sara F. Holladay-Tobias , Emily Y. Rottmann , and Brittney Lauren Bell (Jacksonville), for appellee.

Before SUAREZ, SCALES, and LUCK, JJ.


ON CONFESSION OF ERROR

Pursuant to the Bank of New York Mellon's partial confession of error, we reverse the Final Judgment in part on the sole issue of compliance with conditions precedent, and affirm as to all remaining issues on appeal. We remand for further proceedings on the issue of compliance with conditions precedent.

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