BANK OF NEW YORK v. ONE SEAGROVE PLACE

No. 1D18-1482.

276 So.3d 486 (2019)

The BANK OF NEW YORK MELLON, f/k/a The Bank of New York as Trustee for the Holders of the Certificates, First Horizon Mortgage Pass-Through Certificate Series FHAMS 2005-AA90, by First Horizon Home Loans, a Division of Tennessee Bank National Association, Master Servicer, in its Capacity as Agent for the Trustee Under the Pooling and Servicing Agreement, Appellant, v. ONE SEAGROVE PLACE OWNERS ASSOCIATION, INC., Richard W. Sneed, Inwood Investments, LLC, Stephen G. Kynio, and Stephen J. Kynio, Appellees.

District Court of Appeal of Florida, First District.

July 22, 2019.


Attorney(s) appearing for the Case

Nancy M. Wallace of Akerman LLP, Tallahassee; and William P. Heller and Henry H. Bolz of Akerman LLP, Fort Lauderdale, for Appellant.

John M. Stratton of Becker & Poliakoff, P.A., Fort Walton Beach, for Appellee One Seagrove Place Owners Association, Inc.; Michael J. Henry of Dunlap & Shipman, P.A., Santa Rosa Beach, for Appellee Inwood Investments, LLC.


The Bank of New York Mellon appeals an order denying its motion to vacate a foreclosure judgment entered in favor of Appellee One Seagrove Place Owners Association. The Bank moved for relief from judgment under Florida Rule of Civil Procedure 1.540, alleging that the judgment was void for lack of personal jurisdiction based on improper service...

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