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FASSY v. BANK OF NEW YORK MELLON

No. 4D18-1548.

273 So.3d 52 (2019)

Mark Joel FASSY, Appellant, v. The BANK OF NEW YORK MELLON, successor by merger to the Bank of New York as Successor in Interest to JPMorgan Chase Bank NA as Trustee for Structured Asset Mortgage Investments II Inc., Bear Stearns Alt-A Trust 2005-9, Mortgage Pass-Through Certificates, Series 2005-9, Appellee.

District Court of Appeal of Florida, Fourth District.

June 5, 2019.

Attorney(s) appearing for the Case

Mysha F. Browning and Kendrick Almaguer of The Ticktin Law Group, Deerfield Beach, for appellant.

Brandi Wilson of DeLuca Law Group, PLLC, Fort Lauderdale, for appellee.

Mark Joel Fassy ("the Borrower") appeals the trial court's order denying his motion for attorney's fees and costs after he successfully obtained an involuntary dismissal of the Bank of New York Mellon's ("the Bank") mortgage foreclosure complaint. The case proceeded to a nonjury trial. After the Bank presented its evidence, the Borrower...

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