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THE BANK OF NEW YORK MELLON v. JOHNSON

No. 1D18-3656.

270 So.3d 1269 (2019)

The BANK OF NEW YORK MELLON f/k/a The Bank of New York, as Trustee for the Certificateholders of the CWALT, Inc., Alternative Loan Trust 2007-HY7C Mortgage Pass-through Certificates, Series 2007-HY7C, Appellant, v. David B. JOHNSON, et al., Appellees.

District Court of Appeal of Florida, First District.

May 13, 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.

Jeffrey P. Whitton , of Whitton Law, Panama City, for Appellees.

Appellant (the bank) seeks review of the order dismissing its foreclosure action against Appellees (the borrowers) as a sanction for its noncompliance with court orders. We reverse the dismissal order because the record reflects that the bank complied with the court orders on which the borrowers' motion for sanctions—and, hence...

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