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BANK OF NEW YORK MELLON v. HERNANDEZ

No. 3D19-328.

299 So.3d 461 (2020)

The BANK OF NEW YORK MELLON CORPORATION as Trustee, etc., Appellant, v. Yigani HERNANDEZ, et al., Appellees.

District Court of Appeal of Florida, Third District.

Opinion filed January 22, 2020.

Attorney(s) appearing for the Case

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

Dunlap & Shipman, P.A., and Michael J. Henry (Santa Rosa Beach); Quiñones Law, P.A., and Timothy R. Quiñones (Lake Worth), for appellee Inwood Investments, LLC.

Before FERNANDEZ, MILLER and GORDO, JJ.

The Bank of New York Mellon appeals the trial court's sua sponte dismissal of its foreclosure case prior to the presentation of any evidence based on the conclusion that this Court's holding in Yelen v. Bankers Trust Company, 476 So.2d 767 (Fla. 3d DCA 1985), precluded recovery...

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