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CABRERA v. U.S. BANK NATIONAL ASSOCIATION

No. 4D18-3537.

281 So.3d 516 (2019)

Zacarias CABRERA, on behalf of himself and all others similarly situated, Appellant, v. U.S. BANK NATIONAL ASSOCIATION, as trustee, successor in interest to Bank of America, N.A., as successor by merger to LaSalle Bank, N.A., as trustee RAMP 2007-RS-1, and Sun-Trust Mortgage, Inc., a corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

October 16, 2019.

Attorney(s) appearing for the Case

Jon Herskowitz of Baron & Herskowitz, Miami, Rachel Bentley , of Legal Aid Society of Palm Beach County, West Palm Beach, Jeffrey M. Liggio , and Geoff S. Stahl , of Liggio Law, P.A., West Palm Beach, and Philip M. Burlington , and Adam Richardson , of Burlington & Rockenbach, P.A., West Palm Beach, for Appellant.

Sara F. Holladay-Tobias , Emily Y. Rottmann , and Brittney L. Difato of McGuire Woods LLP, Jacksonville, for appellee U.S. Bank, N.A., as trustee, successor in interest to Bank of America, N.A., as Successor by Merger to LaSalle Bank, N.A., as trustee Ramp 2007-RS-1.

Zacarias Cabrera (Borrower) timely appeals a nonfinal order of the Fifteenth Judicial Circuit Court that denied his motion for leave to file a class action counterclaim in a foreclosure case. Because the order functions as an order denying certification of a class action as to the compulsory count of the counterclaim, but fails to include...

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