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BANK OF NEW YORK MELLON v. FLORIDA KALANIT

No. 4D18-3295.

269 So.3d 571 (2019)

The BANK OF NEW YORK MELLON f/k/a The Bank of New York, as Trustee for CWABS, Inc. Asset-Backed Certificates, Series 2003-BC4, Appellant, v. FLORIDA KALANIT 770 LLC, Douglas Jackson, Fairway Isles at Olive Tree Homeowners Association Inc., Michelle Jackson, Olive Tree Property Owners Association, Inc., The Enclave At Fairway Isles Homeowners Association, Inc., and Tirza Ventures LLC, Appellees.

District Court of Appeal of Florida, Fourth District.

April 24, 2019.

Attorney(s) appearing for the Case

Nancy M. Wallace of Akerman LLP, Tallahassee, William P. Heller of Akerman LLP, Fort Lauderdale, and Eric M. Levine of Akerman LLP, West Palm Beach, for appellant.

Michael S. Spoliansky of Spoliansky Law P.A., North Miami Beach, for appellee Florida Kalanit 770 LLC.

The trial court involuntarily dismissed the foreclosure action filed by The Bank of New York Mellon ("the bank") against Florida Kalanit 770 LLC, finding that the bank lacked standing because the allonge predated the note. We find the fact that the allonge predated the note by one day did not render the allonge invalid. Therefore, we...

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